Washington, D.C. – A recent court decision has nullified a policy designed to assist undocumented spouses of U.S. citizens in obtaining legal status. This ruling, issued by Federal Judge J. Campbell Barker, has significant implications for an estimated 500,000 individuals who could have benefited from the program. The annulment of the "Keeping Families Together" policy arrives shortly after Donald Trump’s presidential election victory, which was fueled by a platform that heavily emphasized stringent immigration enforcement and expanded deportations.
The policy, introduced during President Joe Biden’s administration in June amidst his reelection campaign, aimed to streamline the process for certain undocumented immigrants married to U.S. citizens to achieve permanent residency without the requisite departure from the country — a stipulation that had been in place previously. However, following Biden’s withdrawal from the presidential race, opposition to this policy gained momentum, particularly among Republican-led states, including Texas. These states successfully challenged the policy in court, arguing that it imposed undue financial burdens on their public resources, spanning healthcare, education, and law enforcement.
Judge Barker, a Trump appointee in the Eastern District of Texas, concluded that federal agencies did not possess the necessary statutory authority to execute this policy, leading to its suspension. The contention surrounding the policy heightened during the election campaigns. Trump vehemently criticized the Biden administration for the spike in illegal border crossings over the past year, a point of contention that resonated with his base.
The "Keeping Families Together" initiative also proposed inclusivity for the estimated 50,000 stepchildren of U.S. citizens, provided both they and their undocumented parent had been in the country for at least a decade and the marriage had occurred before June 17, 2024. Although Biden officials could potentially appeal Barker’s decision, the change in administration under the newly-elected Trump makes the future defense of this policy uncertain.
The reaction to the court’s decision was one of profound disappointment among immigration advocates. Harold A. Solis, co-legal director of Make The Road New York, a non-profit organization supporting immigrant rights, expressed his dismay, describing the ruling as a "deeply disappointing and unjust setback." He emphasized that the policy encapsulated the core values of family unity and stability, which are foundational to the American immigration system.
Legal experts anticipate that the cessation of this policy will revive debates surrounding immigration reform and the balance of power between state and federal governance in shaping and implementing immigration laws.
Despite the setback, advocacy groups vow to continue supporting families affected by the ruling. They emphasize that maintaining family unity remains a chief priority, urging the incoming administration to reestablish protections that prioritize the well-being and stability of mixed-status families across the nation.
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