Tyler, Texas – A federal judge, appointed by former President Donald Trump, has invalidated a Biden administration initiative designed to grant green cards to undocumented immigrants who are married to U.S. citizens. The program, known as the Keep Families Together (KFT) rule, was intended to simplify the process of obtaining legal status for approximately 500,000 undocumented residents, according to the administration’s estimates released in June when the program was announced.
The KFT program, which also extended to the stepchildren of U.S. citizens, has faced staunch opposition leading to its suspension since Aug. 26. This followed a legal challenge initiated by Texas and a coalition of 15 other states governed by Republican leadership. These states brought their case before Eastern Texas Federal Judge J. Campbell Barker, asserting that the program contravened existing immigration laws.
In his ruling, Judge Barker concurred with the plaintiff states that the program violated the Immigration and Naturalization Act. He emphasized the financial burden inflicted on Texas, projecting over $10,000 annually per undocumented stepchild enrolled in state schools. Barker’s decision highlighted the “concrete harm” from augmented educational and health-care expenditures due to the increased presence of these immigrants under the new rule.
According to Barker, the administration’s rule enabled undocumented stepchildren to reside in Texas and partake in state-funded services, which they presumably would not have received if not for the KFT program. The ruling detailed that the average funding from Texas for each student totals approximately $10,107 per year.
The KFT initiative not only offered a path to legal residency but also included provisions for work permits and shields against deportation for eligible immigrants who had been living in the U.S. for at least a decade. Typically, undocumented residents married to U.S. citizens have avenues to obtain green cards and citizenship. However, those who entered the country illegally are required to leave and legally reenter—a mandate fraught with potential penalties and significant resistance among immigrants fearing a prolonged reentry prohibition.
Despite acknowledging the considerable interest and potential benefits of immigration parole under KFT, Judge Barker maintained that legal infractions prevent considering such benefits. He ruled against the program but stopped short of imposing an injunction against the Department of Homeland Security. This decision precludes broader enforcement actions that might subject the department to contempt proceedings for non-compliance with the statute.
This ruling punctuates ongoing national debates around immigration policy and enforcement, especially amidst heightened challenges on state and federal resources. With extensive implications for thousands of mixed-status families across the country, the unraveling of the Keep Families Together rule underscores the complex interplay of immigration law, state rights, and federal oversight.
The outcomes from this judicial ruling may prompt shifts in policy-making and law enforcement approaches toward undocumented residents married to American citizens, inevitably influencing the broader immigration reform landscape in the United States.
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