VisaLobby

08-11-2024

Court Blocks Biden's Support Plan for Undocumented Spouses of U.S. Citizens

United States
#familyvisa #spouse

The Biden administration's "Keeping Families Together" initiative, which sought to assist undocumented spouses of U.S. citizens by offering a path to citizenship without asking them to leave the country, was recently stopped by a federal judge. This ruling followed a lawsuit that challenged the administration's jurisdiction to enact the policy, which was filed by 16 states with Republican governors.

Key Details of the Biden Plan


The "Keeping Families Together" campaign, unveiled in August, aimed to give legal protection to long-term residents and illegal spouses of US citizens. What was in the proposal was as follows:

  • Permitted US citizens' stepchildren and illegal spouses to apply for green cards without having to leave the country.
  • 500,000 unauthorized immigrants who have been in the country for more than ten years are thought to have been impacted.
  • Required to submit a thorough application outlining their eligibility for humanitarian release along with a 580 USD application fee.
  • After three years, authorized green card holders who met the requirements might apply for citizenship.

This effort, according to the Biden administration, would lessen family separations and provide a workable solution to a persistent problem for mixed-status families. But just a few days after it began, Judge Campbell Barker, who former President Trump chose, ended the program.

Legal and Political Tensions


The verdict reflects ongoing disputes about executive authority in immigration policy. Texas and fifteen other states sued the Biden administration, alleging that it circumvented Congress to implement a broad immigration policy.

Judge Barker stressed that such revisions require congressional permission, ruling that the administration had "stretched the legal interpretation of relevant immigration law" beyond what was acceptable.

States run by Republicans contended that the program could:

  • State spending will rise by attracting more unauthorized immigrants to the United States.
  • Establish a precedent that permits the executive branch to operate outside the legislative branch.
  • Undercut immigration regulations by giving unauthorized immigrants a shortcut to permanent residence.

Executive director Gene Hamilton of America First Legal, a Trump-affiliated organization that was a party to the lawsuit, applauded the ruling, saying that the Biden administration had attempted to "decimate" the immigration system by granting "amnesty to hundreds of thousands of illegal aliens."

White House and DHS Reactions


The White House criticized the decision for placing immigrant families in an unworkable situation and voiced significant dissatisfaction with it. The judge's ruling would force U.S. citizens and their families to live in continual dread of deportation or face separation, according to White House spokeswoman Angelo Fernández Hernández, who denounced it.

The Department of Homeland Security (DHS) expressed similar comments. It reiterated that "Keeping Families Together" aligned with American values and expressed grave disappointment. DHS emphasized that the program, which sought to address the difficulties experienced by mixed-status families and long-term residents, was based on established legal authority.

The court's ruling to suspend the program presents the Biden administration with another obstacle in its attempts to change the immigration laws in the United States. Undocumented populations, however, are still in the dark as they prepare for any policy changes under a Trump administration that has promised to carry out "mass deportations."

FAQS


What were the requirements for the program?

Applicants had to provide comprehensive documentation and pay a 580 USD fee to be eligible for humanitarian parole.

Was there a reaction from the Biden administration to the decision?

Indeed, DHS and the White House voiced their displeasure, claiming that the program aligns with current legal authority and American family values.

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