Judge pauses Biden executive order for citizenship of spouses, children in country illegally

By 
 August 27, 2024

Texas Federal Judge J. Campbell Barker ruled Monday to put an administrative pause on "Keeping Families Together," a new Biden administration policy that would make it easier for illegal immigrant spouses and children of citizens to gain legal status.

“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Barker wrote in the pause order.

Barker said the pause did not mean the order would eventually be struck down, but that after a "first-blush" screening, he thought the pause was warranted.

The Department of Homeland Security is already taking applications for the new program, which would let spouses and children get legal status while staying in the country instead of having to leave it first, as is now required.

"First step"

Ex-aide under former President Donald Trump, Stephen Miller's America First Legal filed the lawsuit that led to the pause.

Miller said the new program violates immigration authorities and the Administrative Procedures Act.

Texas Attorney General Ken Paxton, who led the suit, said on X, “Biden’s unconstitutional scheme would have rewarded over 1 million illegal aliens with the opportunity for citizenship after breaking our country’s laws—and incentivized countless more."

Paxton said the lawsuit was a "first step," and alleged that the applicants were unvetted.

What will happen?

According to the rule, applicants must submit biometrics and “undergo required background checks and national security and public safety vetting.”

They also cannot have any “disqualifying criminal history and otherwise [may] not [be] deemed to be a threat to public safety, national security, or border security.”

The order will be in place for two weeks but could be extended.

Baker thought there could be a decision shortly before Election Day on the constitutionality of the new program.

The Biden administration said the rule would “bring peace of mind and stability to Americans living in mixed-status families” and “allow more young people to contribute to our economy.”

It called the lawsuit "cruel" toward families.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson