Judge Rules Against Biden’s Immigration Plan: A Legal Battle Ahead?

Wooden gavel resting on a judge's desk.

A Texas judge declared President Biden’s “Keeping Families Together” immigration program unconstitutional, sparking renewed debate on immigration policy balance.

At a Glance

  • Judge J. Campbell Barker nullified Biden’s program for unauthorized immigrants married to U.S. citizens.
  • The program was halted following challenges from Texas and 15 other states.
  • Barker ruled the program overstepped the Biden administration’s authority.
  • Approximately 500,000 immigrants were poised to benefit before the program was stopped.

Federal Judge Blocks Immigration Program

Federal District Judge J. Campbell Barker in Texas ruled against the Biden administration’s “Keeping Families Together” program. This initiative aimed to provide a path to legal status for unauthorized immigrants married to American citizens. The decision marks a significant setback for the program, designed to grant “parole in place” without statutory approval. The ruling follows challenges by Texas and other states, halting the program’s operation since August.

The program sought to allow illegal immigrants residing in the U.S. for over a decade to receive “parole” if they are spouses or stepchildren of U.S. citizens. This move met with legal hurdles questioning the Department of Homeland Security’s authority to issue mass amnesty without Congress’s consent. The program intended to aid around 500,000 immigrants with work permits and deportation protections but now faces termination.

Legal and Political Ramifications

Judge Barker argued that the administration lacked the authority to implement such changes without legal backing. “The Rule exceeds statutory authority and is not in accordance with law for this reason as well,” he stated. This ruling emphasizes the ongoing conflict over executive power in immigration policy, igniting discussions on humanitarian versus legislative constraints.

The program was designed to alleviate hardships faced by mixed-status families, allowing in-country applications for green cards. However, complications arose as its legality became an issue, particularly with the idea of allowing eligible immigrants to apply for permanent residency without leaving the U.S.

Future Implications

Despite the setback, the Justice Department could appeal. However, with the incoming Trump administration, the program faces additional obstacles. The ruling, coupled with Trump’s victory, hints at stricter immigration enforcement, with pledges of “mass deportation.” The decision brings to light the consistent challenges faced by U.S. administrations in tackling immigration policies while ensuring legal compliance.

“Joe Biden and Kamala Harris created a crisis at the southern border, leaving the American people to pay the consequences. In the wake of the federal government’s refusal to act, states like Missouri had no choice but to step in and take action to secure our southern border,” said Attorney General Bailey, emphasizing state intervention in border security.

Judge Barker clarified that the parole law applies to case-by-case analyses under exceptional circumstances rather than broad applications for those already residing in the U.S. for extended periods. This decision does not affect other ongoing parole programs for Afghan evacuees, Ukrainians, and others at the U.S. border.

Sources:

  1. Federal Judge Slaps Down Biden Administration Over Illegal, Last Minute Amnesty Program