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Court halts Biden govt’s immigration policy for US citizens’ spouses

President Joe Biden speaks about the Russian invasion of Ukraine in the East Room of the White House, Thursday, Feb. 24, 2022, in Washington. (AP Photo/Alex Brandon)

A federal judge in Texas on Monday suspended the Biden administration’s immigration policy aimed to protect hundreds of thousands of undocumented spouses of US citizens from deportation.

The “Keeping Families Together” policy, which took effect last week, was announced by the Biden administration in June to allow US citizens’ spouses who entered the country illegally to apply for permanent residency without leaving the country.

Previously, these spouses had to return to their home countries to apply for a visa, a process that often led to lengthy separations from their families.

The new policy created a pathway for legal status and citizenship for undocumented spouses who had been in the country for at least 10 years and were married to US citizens as of June 17.

Under the policy, applicants who qualify will have three years to apply for permanent residency and will be eligible for a three-year work permit.

More than 500,000 undocumented spouses and 50,000 stepchildren of US citizens were expected to benefit from the policy.

However, Texas and 15 other Republican-controlled states challenged the new policy, claiming the president abused executive authority that sought to rewrite US immigration laws.

The states further claimed the policy was costing them millions of dollars in public services used by the immigrants.

In his Monday ruling, US District Judge J. Campbell Barker ordered a 14-day administrative pause to the policy’s implementation, with the Department of Homeland Security able to accept applicants but barred from processing them.

“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” the Trump-appointed judge said in his order.

Judge Barker whose order has a possibility of extension has also scheduled additional hearings over the coming weeks.

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