A federal judge has struck down the Biden administration’s “Keeping Families Together” program, a setback for the estimated half a million undocumented spouses of U.S. citizens who stood to benefit, according to DHS estimates.
The program, announced in June, faced swift opposition when a coalition of 16 Republican-led states—spearheaded by Texas and America First Legal, led by Stephen Miller—filed a lawsuit shortly after applications became available in August. Within days of the first applicants submitting their paperwork, a federal judge placed the program on hold.
“Keeping Families Together” aimed to offer temporary relief from deportation to undocumented spouses and stepchildren of U.S. citizens via a process called “parole in place,” allowing them to apply for legal status without leaving the U.S.
On Thursday, Judge J. Campbell Barker ruled in favor of the Republican-led challenge, concluding that the administration had overstepped its authority. According to Judge Barker, the Immigration and Nationality Act permits parole for individuals “into the United States” but not for those already residing in the country.
Under current immigration laws, noncitizen spouses of U.S. citizens are eligible to apply for legal status, but they often must apply from abroad and risk facing up to a 10-year reentry ban.