Conservative shopped judge temporarily blocks Biden immigration program

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Judge blocks ‘parole in place’ program for immigrant spouses of US citizens

Biden’s program allowed undocumented spouses to remain in the country while seeking permanent residency

www.theguardian.com

A federal judge in Texas has temporarily blocked a Joe Biden immigration policy that allows undocumented spouses of US citizens to remain in the country while their applications for permanent residence are considered.

The so-called “parole in place” program was halted in a Monday night ruling by federal district court judge J Campbell Barker in the eastern district of Texas, a favorite venue of conservatives seeking to derail the president’s policy agenda. Barker was appointed to his position by the Donald Trump White House.


About half a million foreign-born spouses of US citizens were estimated to have been eligible for the Biden administration’s initiative that was announced in June under the banner “Keeping Families Together”. Applications opened on 19 August.

Unless or until Barker’s 14-day stay is lifted or overturned on appeal, the pre-existing requirement for applicants to seek a change in legal status from overseas remains in effect.

Immigration advocates condemned the ruling as “heartbreaking”, saying it could separate mixed-status families for years – or even permanently while their lengthy green card applications are processed.

Barker’s ruling is a response to a lawsuit filed on Friday from 16 Republican attorneys general, led by Ken Paxton of Texas, against the Department of Homeland Security (DHS). Biden’s policy, it states, “directly violates the laws created by Congress” and amounts to a blanket amnesty for people who entered the country illegally.

 

[superrific]

Judge blocks ‘parole in place’ program for immigrant spouses of US citizens

Biden’s program allowed undocumented spouses to remain in the country while seeking permanent residency

www.theguardian.com

A federal judge in Texas has temporarily blocked a Joe Biden immigration policy that allows undocumented spouses of US citizens to remain in the country while their applications for permanent residence are considered.

I just read the opinion. It's sound. The judge only issued an administrative stay lasting two weeks, so he could process the legal issues presented. He expressed no judgment as to the merits of the case, which is permitted for temporary orders like this one. Basically, the idea is to preserve the status quo briefly to avoid irreparable injuries. I mean, think about what would happen if the State Department started issuing these green cards, and then the court were to conclude that the program was unlawful. It would be worse than nothing, I think.

Now, maybe he just goes with the GOP on this one. I don't know anything about him. But in this opinion, he at least acknowledged that there were considerable benefits to the parole program, which at least gives the impression that he's taking the case seriously and not just rubber-stamping the Alliance For Freedom's request.