A federal judge in Texas temporarily blocked on Monday a Biden administration program that could offer a path to citizenship for up to half a million immigrants in the country without legal permission who are married to U.S. citizens, ruling in favor of 16 Republican-led states that sued the administration.
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued an administrative stay to effectively halt the program, which started accepting applications last week, while the court considers the merits of the case.
In suspending the initiative, Baker said the 67-page complaint filed Friday by the coalition of states, led by Attorney General Ken Paxton of Texas, raised legitimate questions about the authority of the executive branch to bypass Congress and set immigration policy.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” wrote Barker, who was appointed by former President Donald Trump.
The administration can continue to accept applications for the program, but can no longer process them, according to the ruling.
The lawsuit is the latest in a series of legal actions that Texas has spearheaded challenging federal immigration policies and powers. The program, called Keeping Families Together, drew sharp criticism from Republicans in an election cycle in which illegal immigration has been a central issue.
The program eased legalization for immigrants married to Americans who have been living in the United States for more than 10 years. The beneficiaries have lived in the United States for 23 years, on average, according to the Homeland Security Department, which is running the initiative
Even though marrying a U.S. citizen generally provides a pathway to U.S. citizenship already, those who cross the Southern border illegally are required to go back to their home countries to complete the green card process. Often, families remain separated for years to complete the process.
The new program allows them to bypass that step and to stay in the United States while they try to obtain legal status.
This article originally appeared in The New York Times.
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