Federal judge halts Biden-Harris immigration policy deemed 'unlawful' by 16 state attorneys general

By Samantha Kamman, Christian Post Reporter Wednesday, August 28, 2024

A federal judge has sided with 16 state attorneys general, temporarily halting a Biden-Harris administration policy that could allow more than 500,000 undocumented immigrants to remain in the United States.

The plaintiffs argued that the program would "irreparably harm" their states and encourage illegal immigration.

Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, a Trump appointee, issued an administrative stay on Monday, temporarily blocking the policy.

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The decision follows a lawsuit led by Texas Attorney General Ken Paxton and 15 other states against the U.S. Department of Homeland Security, Secretary Alejandro Mayorkas and other Biden administration officials. America First Legal served as co-counsel in the lawsuit.

States that joined Texas in the lawsuit are Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.

"The claims are substantial and warrant closer consideration than the court has been able to afford to date," Barker wrote. 

The 16-state coalition challenged a program announced by the U.S. Department of Homeland Security in June called Keeping Families Together. The program would allow spouses and stepchildren of U.S. citizens who are in the country illegally to request "parole in place," enabling certain undocumented immigrants to remain in the U.S. and potentially seek permanent residency.

According to DHS, an estimated 500,000 spouses of U.S. citizens could be eligible for the program, along with 50,000 stepchildren.

While the DHS can still collect applications for the program, which it began accepting last week, Judge Barker's order temporarily prohibits the agency from processing any applications while the case is pending. The 14-day administrative stay granted by the judge could be extended, and the court has set a schedule for further filings related to the case.

"Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values," the DHS told The Christian Post in an email. "The Department of Homeland Security will comply with the court's decision, including continuing to accept applications, while we defend Keeping Families Together in court."

The DHS said that individuals who were granted parole under the program before the administrative stay was issued may still apply for eligible immigration benefits, including employment authorization and adjustment of status to lawful permanent resident.

In their lawsuit, the attorneys general argued that the Biden-Harris administration is attempting to create its own immigration system for "political purposes." The coalition emphasized that the program would allow undocumented immigrants to bypass processes established by Congress and apply for permanent residency.

The coalition stated that Congress mandated parole to be granted only on a case-by-case basis and solely for "urgent humanitarian reasons or significant public benefit."

In a Tuesday statement responding to the federal district court order, Texas Attorney General Paxton vowed to continue battling the program in court. 

"We have temporarily blocked Biden's unlawful new 'parole in place' program, which would have rewarded over 1 million illegal aliens with the opportunity for citizenship after breaking our country's laws — and incentivized countless more," Paxton said. "This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law."

Ohio Attorney General Dave Yost also celebrated the judge's decision. The state attorney general said that the immigration policies under the Biden-Harris administration are "unlawful." 

"An administrative stay has been issued against the agency and its blanket parole-in-place policy," Yost wrote in a Tuesday X post. "Parole must be based on individual determinations, not a categorical order."