Japa: Judge Halts Biden’s Immigration Program for Undocumented Spouses

A federal judge on Thursday invalidated a policy designed to aid undocumented spouses of U.S. citizens in securing legal status, marking a setback for outgoing President Joe Biden and potentially impacting nearly half a million eligible individuals.

This ruling follows Donald Trump’s recent electoral victory, which was largely fueled by promises to tighten immigration controls and increase deportations.

The “Keeping Families Together” policy, initially paused due to ongoing legal challenges, allowed certain undocumented immigrants married to U.S. citizens to apply for permanent residency without leaving the country, a departure from the previous requirement.

Judge J. Campbell Barker of Texas, nominated by Trump during his first term, ruled that federal agencies “lack statutory authority” to implement the program.

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Biden had unveiled the policy in June amid his re-election campaign, though he exited the race shortly afterward. Trump and his successor Kamala Harris faced intense scrutiny from Trump during the campaign, especially as illegal border crossings surged over the past year.

A group of Republican-led states, including Texas, sued to block the initiative, citing concerns over the potential costs to public services such as healthcare, education, and law enforcement.

The policy was designed for undocumented individuals who had resided in the U.S. for at least ten years and were married to a U.S. citizen before June 17, 2024. It also extended benefits to an estimated 50,000 stepchildren of U.S. citizens.

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Judge Barker previously halted the program in August and renewed the order after a temporary lift by an appeals court.

While Biden’s team may consider appealing the ruling, the incoming Trump administration is unlikely to support the policy.

“This decision is a deeply disappointing setback for families who live with daily uncertainty,” said Harold A. Solis, co-legal director of Make The Road New York, an organization supporting immigrants. “‘Keeping Families Together’ embodies the values of family unity and stability that our immigration system should uphold. We will continue to fight for family unity despite today’s decision.”

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