Japa: Judge Overturns Biden’s Immigration Policy For Undocumented Spouses

A United States federal judge has struck down a key immigration policy designed to help undocumented spouses of US citizens obtain legal status, dealing a significant blow to outgoing President Joe Biden and an estimated 500,000 people who stood to benefit from the programme.

The “Keeping Families Together” policy, which allowed certain undocumented immigrants married to U.S. citizens to apply for permanent residency without leaving the country, was ruled unlawful on Thursday by Judge J. Campbell Barker of the Eastern District of Texas. Barker, appointed by former President Donald Trump, declared that federal agencies “lack statutory authority” to implement the programme.

The decision came just days after Donald Trump’s victory in the presidential election, where he campaigned on a hardline immigration stance, vowing to crack down on illegal immigration and ramp up deportations.

Announced by Biden in June as part of his re-election campaign, the “Keeping Families Together” initiative aimed to keep families intact by allowing undocumented spouses and stepchildren of U.S. citizens to regularise their status without having to return to their home countries. The programme specifically targeted individuals who had been in the country for at least 10 years and married to a U.S. citizen before June 17, 2024. It also included provisions for an estimated 50,000 stepchildren.

A coalition of Republican-led states, including Texas, filed a lawsuit to block the policy, arguing that it would cost them millions of dollars in public services, such as healthcare, education, and law enforcement. Judge Barker first issued a temporary halt to the programme in August, which was lifted by an appeal court, only for Barker to reinstate it following further challenges.

The ruling was met with dismay by immigrant advocacy groups. Harold A. Solis, co-legal director of Make The Road New York, called the decision “deeply disappointing and unjust,” adding that it represented a setback for families living under the “weight of uncertainty.”

“‘Keeping Families Together’ and everything it represents — family unity, opportunity, and stability — is our immigration system at its best. We must and will continue to support family unity despite today’s dangerous decision,” Solis said.

While Biden officials may appeal the ruling, it is uncertain whether the incoming Trump administration will continue to defend the program. Trump’s campaign heavily criticized Biden and Vice President Kamala Harris over what they described as a failure to curb record-high illegal border crossings in the past year.