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Judge Axes Program Shielding  11/08 06:58

   

   (AP) -- A federal judge on Thursday struck down a Biden administration 
policy that aimed to ease a path to citizenship for some undocumented 
immigrants who are married to U.S. citizens.

   The program, lauded as one of the biggest presidential actions to help 
immigrant families in years, allowed undocumented spouses and stepchildren of 
U.S. citizens to apply for a green card without first having to leave the 
country.

   The temporary relief from deportation brought a brief sense of security to 
some 500,000 immigrants estimated to benefit from the program before 
Texas-based U.S. District Judge J. Campbell Barker put it on hold in August, 
days after applicants filed their paperwork.

   Barker ruled Thursday that the Biden administration had overstepped its 
authority by implementing the program and had stretched the legal 
interpretation of relevant immigration law "past its breaking point."

   The short-lived Biden administration initiative known as "Keeping Families 
Together" would have been unlikely to remain in place after Donald Trump took 
office in January. But its early termination creates greater uncertainty for 
immigrant families as many are bracing for Trump's return to the White House.

   Trump's election victory this week sets the stage for a swift crackdown on 
undocumented individuals after the Republican ran on promises of "mass 
deportation." The president-elect energized his supporters on the campaign 
trail with a litany of anti-immigrant statements, including that immigrants 
were "poisoning the blood" of the nation.

   During his first term, Trump appointed Barker as a judge in Tyler, Texas, 
which lies in the 5th U.S. Circuit Court of Appeals, a favored venue for 
advocates pushing conservative arguments.

   Barker had placed the immigration initiative on hold after Texas and 15 
other states, led by their Republican attorneys general, filed a legal 
challenge accusing the executive branch of bypassing Congress to help immigrant 
families for "blatant political purposes."

   Republicans argued the initiative created costs for their states and could 
draw more migrants to the U.S.

   The policy would have applied to people who have been living continuously in 
the U.S. for at least 10 years, do not pose a security threat and have utilized 
the existing legal authority known as "parole in place" that offers deportation 
protections.

   Those married to a citizen by June 17, the day before the program was 
announced, could pay a $580 application fee and fill out a lengthy application 
explaining why they deserve humanitarian parole. If approved, applicants would 
have three years to seek permanent residency and obtain work authorization.

   It was not immediately clear Thursday whether anyone had received approval 
under the program, which only accepted applications for about a week before the 
judge placed it on hold.

   Noncitizen spouses are already eligible for legal status but often have to 
apply from their home countries. The process typically includes a years-long 
wait outside of the U.S., which can separate family members with different 
immigration statuses.

    

 
 
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