A federal judge in Texas has issued an order temporarily halting a new immigration program from the Biden White House that officials say could protect hundreds of thousands of undocumented spouses of U.S. citizens from deportation.
The 14-day stay issued on Monday comes in response to a lawsuit from 16 Republican-led states that sued the Biden administration over the program.
The “Keeping Families Together” program which took effect last week, would apply to those who have been in the country for at least 10 years and allow them to work in the US legally.
Polls show that immigration is a primary concern for many voters ahead of November’s presidential election.
When the White House announced the new program in June, officials said that more than 500,000 spouses would be eligible.
They said the policy will also benefit 50,000 people under 21 whose parent is married to an American citizen.
The announcement marked the most significant relief program for undocumented migrants already in the US since the Obama Administration announced the Deferred Action for Childhood Arrivals, or Daca, in 2012.
Under the now-temporarily suspended program, the undocumented spouses of US citizens would qualify if they had lived in the country for a decade and been married as of June 17.
Those who qualify will have three years to apply for permanent residency and will be eligible for a three-year work permit.
Unlike the old system, in which applicants must leave the US to apply, the new plan would allow them to remain in the country as they seek legal status.
The plan is on hold for two weeks while the court considers the case, but Judge J. Campbell Barker’s order on Monday allows for an extension.
In the meantime, the Department of Homeland Security can continue receiving applications, but it cannot process them.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker, who was appointed to the bench by former President Donald Trump, wrote in his order.
Texas Attorney General Ken Paxton applauded the order, writing on social media: “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.”
Critics of the Biden plan argue that it offers amnesty for migrants who entered the country illegally.
Proponents argue that it will allow families to remain together and that the old system “separates families.”.
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