A federal judge recently struck down a policy by the Biden administration that was designed to make it easier for some undocumented immigrants married to U.S. citizens to obtain citizenship. The program, called “Keeping Families Together,” allowed undocumented spouses and stepchildren of U.S. citizens to apply for a green card without having to leave the country first. This initiative was seen as a significant step in helping immigrant families, but it was put on hold by the judge in August.
The judge ruled that the Biden administration had gone beyond its authority in implementing the program and had pushed the boundaries of relevant immigration law too far. As a result, the program was terminated, creating more uncertainty for immigrant families, especially with the possibility of Donald Trump returning to the White House.
If Trump were to return to office, there could be a swift crackdown on undocumented individuals, as he had promised during his campaign. Trump’s anti-immigrant rhetoric energized his supporters, and his victory in the recent election sets the stage for stricter immigration policies. The judge who struck down the Biden administration’s initiative was appointed by Trump during his first term, making it likely that such programs would face opposition in the future.
The “Keeping Families Together” program was challenged in court by Texas and 15 other states, led by Republican attorneys general. They accused the executive branch of overstepping its boundaries and implementing the program for political reasons. The Republicans argued that the initiative would create additional costs for their states and could encourage more migrants to come to the U.S.
Under the now-defunct program, individuals who had been living continuously in the U.S. for at least 10 years, did not pose a security threat, and had utilized the “parole in place” legal authority were eligible to apply. Those married to a citizen before the program was announced could apply for humanitarian parole, pay a fee, and seek permanent residency. However, the program was halted shortly after it was announced, leaving many in limbo.
It remains unclear whether any applicants were approved under the program before it was terminated. Noncitizen spouses seeking legal status often have to apply from their home countries, leading to a lengthy separation from family members with different immigration statuses.
The termination of this program highlights the challenges faced by immigrant families in navigating the complex U.S. immigration system. As the political landscape continues to evolve, it is crucial for policymakers to find solutions that balance security concerns with compassion for families seeking a better life in the United States.
