It’s Already Happening: Trump Judge Strikes Down Biden Immigration Law
It’s already begun: On Thursday, a Trump-appointed federal judge struck down a vital Biden-era immigration policy that provided a pathway to citizenship for the thousands of undocumented immigrants who are married to U.S. citizens.
The policy, which the Biden administration called “Keep Families Together,” applied to those who have been in the country for 10 years or more, were not a security threat, and were safe from deportation under the “parole in place” program. They just needed to be married to U.S. citizens and complete an application for permanent residency. The Department of Homeland Security estimated that the policy would help 500,000 spouses and 50,000 stepchildren.
“Without this process, hundreds of thousands of noncitizen spouses of U.S. citizens are likely to instead remain in the United States without lawful status, causing these families to live in fear and with uncertainty about their futures,” DHS wrote in an August statement.
Trump-appointed Texas-based U.S. District Judge J. Campbell Barker struck down the policy on the grounds that the Biden administration was abusing its power by circumventing Congress to enact the policy.
“The rule focuses on the wrong thing in identifying ‘significant public benefits’—the benefits of aliens’ new legal status, rather than their presence in this country,” Barker said in his decision. “The rule exceeds statutory authority and is not in accordance with law for this reason as well.”
This development is a grim precursor to an administration that has promised to break up more families in the “largest deportation program in American history.”
The Biden administration still has time to appeal the ruling.