Court bars Biden from issuing green cards to illegal immigrants married to Americans

On November 7, a federal judge overturned the Biden administration's program, which would have allowed illegal immigrants married to U.S. citizens to gain legal status and a streamlined path to U.S. citizenship. A judge has declared the policy illegal, reports CBS News.

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U.S. District Court Judge J. Campbell Barker, an appointee of President-elect Donald Trump, ruled that the program violates U.S. immigration law. He agreed with a lawsuit filed by Texas and several other Republican-led states.

The decision is a major setback for the outgoing Biden administration, which argued that the policy, known as Keeping Families Together, promoted family unity among mixed-status households. When it was announced this year, officials said roughly half a million undocumented immigrants were likely eligible for the program.

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The Justice Department may appeal the Nov. 7 ruling, but Keeping Families Together is likely to be targeted by the new Trump administration, which is seeking to reverse President Biden’s immigration policies. Trump has also vowed to close and militarize the U.S. border with Mexico and carry out the largest mass deportation in American history.

The Keeping Families Together initiative was announced by Biden in June, just weeks after he moved to sharply restrict asylum along the U.S. border with Mexico.

The program provides illegal immigrants who are married to American citizens and have lived in the United States for at least 10 years with work permits and protection from deportation unless they have committed serious crimes.

This policy allows for the application for permanent residence, known as a green card. After three years, green card holders who are married to U.S. citizens are eligible to apply for citizenship.

Immigrants who marry U.S. citizens are already eligible for a green card. However, U.S. immigration law requires those who entered the U.S. illegally to leave the country and re-enter legally to be eligible for a green card. But leaving the U.S. after living in the country illegally for a period of time carries a grace period of three to 3 years, which discourages many families from pursuing this option.

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The Biden administration's program allows immigrants to apply for green cards without leaving the country. They are given an immigration benefit known as parole that effectively cancels their illegal entry.

In his ruling, Campbell Barker said the Biden administration does not have the legal authority to grant parole to illegal immigrants already in the United States.

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