On Thursday, a federal judge invalidated a policy designed to help undocumented spouses of U.S. citizens gain legal status, marking a setback for outgoing President Joe Biden and the estimated half a million people who would have qualified under the program.
This ruling comes just days after Donald Trump’s presidential election victory, in which he pledged to intensify efforts against illegal immigration and initiate large-scale deportations.
The “Keeping Families Together” policy, which had already been suspended due to a legal challenge, allowed certain undocumented individuals married to U.S. citizens to apply for permanent residency without having to leave the country, as previously required.
Judge J. Campbell Barker of the Eastern District of Texas, appointed by Trump during his first term, ruled that federal agencies “lack statutory authority” to implement the program.
Biden announced “Keeping Families Together” in June at the height of his reelection bid, before dropping out of the race the next month.
On the campaign trail, Trump hammered Biden and his Democratic replacement, Vice President Kamala Harris, over a record spike in illegal border crossings in the past year.
A coalition of Republican-led states including Texas filed suit to block the program, arguing it would cost them millions of dollars in public services — including healthcare, education and law enforcement.
The program would apply to immigrants who have been in the country for at least 10 years and were married to a US citizen before June 17, 2024, and also apply to an estimated 50,000 stepchildren of US citizens.
Judge Barker temporarily halted the program in August, and then again after an appeals court lifted the stay.
Biden officials could appeal Barker’s ruling, but it is doubtful the incoming Trump administration would continue to defend it.
“Today’s decision is a deeply disappointing and unjust setback for the families who live every day under the weight of uncertainty,” said Harold A. Solis, co-legal director of Make The Road New York, an NGO supporting immigrants.
“‘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.”
