Tuesday, August 27, 2024 - A Federal judge has blocked President Joe Biden's bid to grant legal status to the immigrant spouses of US citizens after a lawsuit from 16 Republican-led states.
U.S. District Judge, J. Campbell Barker has put a temporary
hold on the 'parole in place' program which was announced in June.
The program allows for humanitarian parole and a path to
permanent residency for certain illegal immigrant spouses without having to
leave the country
The program was expected to benefit 500,000 immigrants in
the country, plus about 50,000 of their children.
But 16 states, led by Texas and America First
Legal, argued in a filing reported by Fox News Digital that the rule
violates federal law, which prohibits illegal immigrants from obtaining
benefits such as permanent status without leaving the country first and being
readmitted.
They claim Biden's move was an abuse of executive authority
that sought to rewrite U.S. immigration laws and that the administration
bypassed Congress for 'blatant political purposes.'
Judge Barker issued a 14-day administrative pause on
approving applications to the program with a possible extension and scheduled
additional hearings in the coming weeks.
In a statement, Judge Barker said: 'The claims are
substantial and warrant closer consideration than the court has been able to
afford to date.
'As with most administrative stays, the court has simply
undertaken a screening, 'first-blush' review of the claims and what is at stake
in the dispute.'
Republican Texas Attorney General Ken
Paxton cheered the order, saying: 'Biden's unconstitutional scheme would
have rewarded over 1 million illegal aliens with the opportunity for
citizenship after breaking our country's laws and incentivized countless more.
'This is just the first step. We are going to keep fighting
for Texas, our country, and the rule of law. Great to work together with
America First Legal, Stephen Miller and our partner states.'
Stephen Miller, president of AFL, said: 'This is a huge
victory in our courtroom battle to block the Biden-Harris executive fiat giving
over 1 million illegal aliens a path to U.S. citizenship.
'That executive decree is now frozen. America First Legal is
deeply honoured to partner with Attorney General Paxton, Idaho Attorney
General Raul Labrador, along with 14 other states to fight this
unconstitutional mass amnesty.'
The lawsuit claims Texas has to pay tens of millions of
dollars annually for health care to law enforcement because of immigrants
living in the state without legal status.
The court order comes one week after the Department of
Homeland Security began accepting applications.
Judge Barker was appointed by former President Donald
Trump in 2019 as a judge in Tyler, Texas, which lies in the 5th U.S.
Circuit Court of Appeals, a favoured venue for advocates pushing conservative
arguments.
The judge laid out a timetable that could produce a decision
shortly before the presidential election on Nov. 5 or before a newly elected
president takes office in January. Judge Barker gave both sides until October
10 to file briefs in the case.
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.
'The court´s decision tonight to halt the federal government
from providing relief is devastating to the thousands of Texas families that
could have benefited from this program,' Jessica Cisneros, an attorney for the
advocacy organization the Texas Immigration Law Council, said Monday.
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.
0 Comments