A federal judge has struck down the Biden administration’s program known as “Keeping Families Together,” dealing a blow to the half million undocumented spouses of U.S. citizens that DHS estimates would have benefited.
The administration announced the program in June, but a coalition of 16 Republican-led states — led by Texas and Stephen Miller’s America First Legal — quickly filed suit after applications were made available in August.
A federal judge suspended the program just days after hopeful applicants filed their paperwork.
The program would have provided temporary relief from deportation to undocumented spouses and stepchildren of U.S. citizens through a process known as “in-place parole.” This would have allowed them to apply for legal status without having to leave the country.
On Thursday, Judge J. Campbell Barker ruled in favor of Republican-led efforts to dismantle the program, agreeing with Republican states that the administration had exceeded its statutory authority because the Immigration and Nationality Act authorizes the parole of persons “in the United States.” “not to those who are already in the country.
Non-citizen spouses are already eligible for legal status under current laws, but often must apply from their home country and face a 10-year ban on returning to the United States.
In August, ABC News spoke with a 24-year-old woman who was one of the first people to be approved through the program. She is married to an American citizen and they have a 3-year-old child.
It is not yet clear what will happen to people who have already submitted their documents, like Cecilia, and whether they will be able to get their application fees refunded.
ABC News has reached out to U.S. Citizenship and Immigration Services and the White House for comment.
“District Court Judge J. Campbell Barker not only dismantled the Keeping Families Together program, he dashed the hopes of hundreds of thousands of American families. The Biden-Harris program would have allowed non-citizen spouses and non-citizen stepchildren of U.S. citizens to stay in the country after contributing to our communities, helping to grow our economy and building lives with their loved ones,” said Ashley DeAzevedo, president of American Families United. , in a statement to ABC News.
“We urge the Biden-Harris Administration to immediately appeal Judge Barker’s decision, preventing Texas Attorney General Ken Paxton and 15 other Republican attorneys general from carrying out a cruel trial to devastate more than 550,000 “People in mixed-status families deserve better than this blatant attempt to stop a legal agenda, and we will not stop until the courts right this injustice.” DeAzevedo.