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Monday December 23, 2024

Texas judge halts Biden's biggest immigration reform policy

The move comes in response to lawsuit filed by Republican attorneys general of 16 US states

By AFP & Web Desk
August 27, 2024
US President Joe Biden departs Old Mission Santa Ines Catholic Church after attending mass in Solvang, California, US on August 24, 2024. — Reuters
US President Joe Biden departs Old Mission Santa Ines Catholic Church after attending mass in Solvang, California, US on August 24, 2024. — Reuters

In a blow to United States President Joe Biden's biggest immigration reform policies, a Texas judge on Monday issued a temporary halt on a policy aimed at expediting the process for spouses of US citizens to secure legal status in the country.

Judge J Campbell Barker granted a 14-day administrative stay in response to a lawsuit filed by the Republican attorneys general of 16 US states challenging the Biden administration's policy.

The policy, which sought to streamline the path to citizenship for an estimated half a million immigrants married to US nationals, was announced by Biden in June.

In their lawsuit, the 16 states argue that the policy is placing a significant financial burden on them, citing costs related to public services such as healthcare, education and law enforcement utilised by the immigrants.

"The claims are substantial and warrant closer consideration than the court has been able to afford to date," Judge Barker wrote in his order.

"This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law," said Texas attorney general Ken Paxton, whose state is party to the case, in a post on X after the order.

The Biden administration has been struggling to address immigration, a hugely divisive issue for many Americans ahead of November's presidential election, which will see Vice President Kamala Harris take on Republican Donald Trump.

The Democratic Party is walking a fine line of seeking to be tougher on illegal migrants while also introducing reforms to the country's inefficient immigration system.

Trump's campaign for the White House has centered on portraying the United States as under assault by what he calls a migrant "invasion."

The new rules would streamline the process for those who already qualify for permanent residence by removing a requirement that they leave the country as part of the application process.

The rules applied to those present in the country for at least 10 years and married to a US citizen before June 17, 2024, and also applied to an estimated 50,000 stepchildren of US citizens.

Those approved would be granted work authorization and the right to stay in the United States for up to three years while they apply for a green card, which is a pathway to full citizenship.

Monday's ruling suspends the granting of this "parole in place" status, but does not halt the Department of Homeland Security from continuing to accept applications for the status.

Barker wrote that the court did not "express any ultimate conclusions about the success or likely success" of the plaintiffs' case while the stay is in place.

The court announced an expedited hearing schedule in the case, but Barker noted that the two-week stay would likely be extended while proceedings are under way.

"The court thus expects that good cause may exist to extend this administrative stay for additional periods through mid-October," the order read.