A federal judge in Texas on Monday temporarily paused the Biden administration’s “parole in place” program that could offer a path to citizenship to an estimated 500,000 illegal immigrants who are married to U.S. citizens.
U.S. district judge J. Campbell Barker ruled in favor of 16 Republican states, led by Texas, that sued to block the program since it was announced by President Joe Biden in June. Barker issued a 14-day administrative stay to halt the approval of applications for the immigration plan, though applications can still be received during the two-week stay. The Biden administration started accepting applications on August 19.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” the Trump-appointed judge wrote.
The order marks an early victory for Texas attorney general Ken Paxton and 15 others who filed a joint lawsuit with the Eastern District of Texas on Friday, alleging that the federal government is facilitating and incentivizing illegal immigration. Bearing the brunt of Biden’s lax border policies, Texas said the program cost the state tens of millions of dollars annually to increase law enforcement amid a record rise in illegal immigration at the southern border.
The parole-in-place program offers a path to legal residency for illegal immigrants who meet certain requirements: Applicants must have lived continuously for at least ten years in the U.S., have no criminal record, and have been married to a U.S. citizen before June 17. The White House announced the program on June 18.
If approved, applicants can get work permits and seek permanent residency within three years. The Biden administration estimated that 500,000 illegal immigrants are eligible for the program in addition to about 50,000 children. Those who are under 21 must have a parent who is married to a U.S. citizen in order to be eligible.
The Republican-led lawsuit states that 1.3 million illegal immigrants, about 200,000 of whom live in Texas, could obtain legal status through this application process, which “circumvent[s] the processes established by Congress to apply for permanent residency.”
President Biden, standing by his parole-in-place program — which is dubbed “Keeping Families Together” in an apparent dig at the Trump administration’s tough stance on illegal immigration — condemned Barker’s order.
“Last night, a single district court in Texas ruled that our work to keep families together has to stop,” Biden said in a Tuesday statement. “That ruling is wrong. These families should not be needlessly separated. They should be able to stay together, and my Administration will not stop fighting for them.”
A spokesperson for the Department of Homeland Security also said on Tuesday that the agency will abide by the judge’s decision and continue to accept applications as the case plays out in court.
Meanwhile, Paxton celebrated the judge’s order and thanked conservative law firm America First Legal for its partnership in Texas’s latest legal effort against Biden’s federal immigration policies.
“Biden’s unconstitutional scheme would have rewarded over 1 million illegal aliens with the opportunity for citizenship after breaking our country’s laws — and incentivized countless more,” Paxton posted on X on Monday night. “We are going to keep fighting for Texas, our country, and the rule of law.”
