Judge in Texas orders pause on Biden program that offers legal status to spouses of US citizens

McALLEN, Texas (AP) — A federal judge in Texas on Monday ordered a temporary pause on the Biden administration’s new protections that would allow immigrant spouses of U.S. citizens a path to citizenship.

The administrative stay issued by U.S. District Judge J. Campbell Barker comes after 16 states, led by Republican attorneys general, challenged the program Friday in a lawsuit that claimed the policy would encourage illegal immigration.

President Joe Biden announced the program in June. The pause comes one week after DHS began accepting applications.

The order puts the program on hold for at least two weeks while the challenge continues.

“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Campbell wrote.

The policy offers spouses of U.S. citizens without legal status, who meet certain criteria, a path to citizenship by applying for a green card and staying in the U.S. while undergoing the process. Traditionally, the process could include a years-long wait outside of the U.S., causing what advocates equate to “family separation.”

The Department of Homeland Security did not immediately return an email seeking comment on the order.

Several families were notified of the receipt of their applications, according to attorneys advocating for eligible families who filed a motion to intervene earlier Monday.

“Texas should not be able to decide the fate of hundreds of thousands of U.S. citizens and their immigrant spouses without confronting their reality,” Karen Tumlin, the founder and director of Justice Action Center, said during the press conference before the order was issued.

The coalition of states accused the administration of bypassing Congress for “blatant political purposes.”