Federal Judge Deals Blow to Biden’s Deportation Protections for Immigrant Families

WASHINGTON — A federal judge delivered a significant blow to the Biden administration’s immigration policy late Thursday, ruling against a plan designed to grant citizenship pathways for individuals married to U.S. citizens but without permanent status. The decision came from Eastern District of Texas Judge J. Campbell Barker, who concluded that the administration had exceeded its legal authority.

The program, known as “Keeping Families Together,” aimed to protect more than 550,000 immigrant spouses and their children from deportation. However, it was challenged in court by Texas and a coalition of other Republican-led states, which argued that the plan stretched U.S. immigration law beyond its intended limits.

With President-elect Donald Trump poised to take office in under three months, it seems unlikely that the incoming administration will seek to defend the initiative. Trump has publicly committed to rigorous deportation measures, raising concerns about the future of immigration policies enacted by his predecessor.

In a recent NBC News interview, Trump emphasized that mass deportations would come without a specific cost, stating, “There is no price tag.” He reiterated the importance of strengthening border security but insisted on welcoming legal entrants into the country.

Implementing mass deportations is predicted to be a complex and costly task, particularly since it would require congressional approval. However, with Republicans making advances toward controlling both chambers of Congress, the probability of such measures becoming reality increases.

As Trump prepares for his second term, he has pledged to immediately abolish programs that offer temporary protections, such as humanitarian parole. Such initiatives, particularly the one struck down on Thursday, have been labeled “mass amnesty” by the former president, a term he used to describe the Biden policy.

The Biden initiative, while termed as such, included precise conditions: applicants had to be married to a U.S. citizen for a minimum of ten years and undergo extensive vetting by the Department of Homeland Security (DHS). Trump’s reaction upon the policy’s announcement in June was scathing, stating, “This is unsustainable and can’t be allowed to continue!”

The Texas judge who ruled against the policy, Barker, was appointed by Trump during his first term. The program had already been temporarily halted in August due to a lawsuit spearheaded by Texas Attorney General Ken Paxton.

Joining Texas in the lawsuit were several states, including Alabama, Florida, and Georgia, all of which contended that the Biden administration had exceeded its powers, asserting potential financial burdens if citizens were allowed to remain in the United States under this program.

Legal representation for the states came from America First Legal, a group founded by Stephen Miller, a key figure behind Trump’s strict immigration policies during his presidency.

In response to the court’s decision, Ashley DeAzevedo, President of American Families United, expressed profound discontent, stating, “District Court Judge J. Campbell Barker did not just dismantle the Keeping Families Together program; he shattered the hopes of hundreds of thousands of American families.” She called on the Biden administration to appeal the ruling.

It is estimated that around 500,000 undocumented spouses of U.S. citizens and 50,000 children without legal status could have qualified for lawful permanent residence through the now-overturned program.

As of now, the Department of Justice has not released any comments regarding this matter.

Last updated 5:44 a.m., Nov. 9, 2024