A federal judge in Texas has temporarily blocked a new immigration policy designed to safeguard non-citizen spouses and stepchildren of U.S. citizens while they attempt to regularize their status in the country. U.S. District Judge J. Campbell Barker, on August 26, imposed a 14-day administrative stay on the “Keeping Families Together” rule, a move that can be extended and was swiftly challenged by a cohort of 16 states led by Texas.
Introduced by the Biden administration on June 18, the rule aimed to permit mixed-status families to stay intact within the U.S. as they pursued lawful permanent residency, preventing the need for non-citizen family members to depart the U.S. during the process. The policy allowed these individuals, if married to U.S. citizens for over 10 years, to apply for residency without leaving the country, a stark contrast to previous requirements.
The White House had underscored the benefits of this rule, noting it would assist approximately half a million spouses and about 50,000 non-citizen children under 21. This demographic typically has lived in the U.S. for an average of 23 years, embodying a significant segment of the immigrant population embedded in communities across the United States.
However, shortly after the Department of Homeland Security began accepting applications for the program, the states filed their legal challenge in U.S. District Court in the Eastern District of Texas. They labeled the Biden initiative as “unlawful,” arguing that established federal law bars aliens who entered the U.S. illegally from obtaining most immigration benefits, including lawful permanent residence status, without first exiting the U.S. and adhering to requisite waiting periods abroad.
These litigating states claimed that such longstanding provisions deter unlawful border crossings by imposing strict penalties on immigration process violations. Their stance reflects a broader national debate over the balance between border security and humanitarian considerations in immigration policy.
The reaction from various advocacy groups to Judge Barker’s decision was one of dismay and concern for the affected families. Anna Gallagher, executive director of the Catholic Legal Immigration Network Inc. (CLINIC), expressed deep disappointment, describing the halted program as a “compassionate and practical solution” for families navigating complex legal processes. Gallagher emphasized CLINIC’s ongoing commitment to advocate for policies that strengthen family unity and respect human dignity.
Support for the “Keeping Families Together” rule was also evident from religious leaders such as Bishop Mark J. Seitz of El Paso, Texas. As chairman of the U.S. Conference of Catholic Bishops’ Committee on Migration, Bishop Seitz had previously praised the rule, noting its similarities to programs benefiting military families. He argued that these programs not only aid the direct recipients but also bolster the communities, employers, and families that depend on them.
Bishop Seitz, echoing broader religious community sentiments, called upon legislators to forge bipartisan consensus to reform immigration laws to better accommodate family reunification, underscoring that “a society is only as strong as its families.”
As the legal contest continues, this rule’s suspension underscores the ongoing tensions in U.S. immigration policy, reflecting the complex interplay between federal authority, state interests, and the lives of countless mixed-status families aiming to establish a secure and lawful life in the United States.