The Biden administration’s immigration policy, “Keeping Families Together,” has encountered a significant obstacle following a temporary block by a federal judge in Texas.
Judge J. Campbell Barker’s decision represents a setback for President Biden’s immigration agenda which has been a focal point of the 2024 presidential campaign. The ruling comes in response to a lawsuit filed by 16 Republican-led states challenging the policy, which aimed to provide legal status to unauthorized immigrants married to US citizens. The Keeping Families Together program sought to address the situation of undocumented immigrants who have lived in the United States for years without legal status. The policy offered a pathway to temporary work permits and deportation protections through a legal mechanism known as parole. Eligibility criteria included being married to a US citizen, having resided in the country for at least a decade, and passing background checks.
The program also extended to undocumented stepchildren of US citizens, though individuals with felony convictions were excluded. A key feature of this initiative was its provision for a streamlined pathway to permanent residency and eventual US citizenship for qualifying immigrants. This aspect aimed to address the challenges faced by mixed-status families who have often been deterred from pursuing legal residency due to the requirement for undocumented individuals to leave the country and re-enter legally—a process that can trigger lengthy reentry bans. The policy was implemented shortly after another major executive action by the Biden administration aimed at reducing asylum claims at the southern border.
These concurrent moves reflected the administration’s attempt to balance family unity with stricter border controls. The legal challenge, spearheaded by Texas and other Republican-controlled states, argued that the Keeping Families Together policy constituted an improper use of immigration parole authority and effectively rewarded illegal immigration. This lawsuit is the latest in a series of legal confrontations over the Biden administration’s immigration policies, with red states frequently contesting the administration’s approaches to border security and undocumented immigration.
Judge Barker’s administrative order halts the granting of parole under this policy but allows federal officials to continue accepting applications. The order is set to remain in effect for 14 days, with the possibility of extension depending on the case’s progression. In response, the Department of Homeland Security (DHS) has confirmed that it had ceased approving cases under the Keeping Families Together program but would continue to accept applications while defending the policy in court. DHS spokesperson Naree Ketudat emphasizes the administration’s commitment to family unity, stating that the program enables US citizens and their family members to live without fear of separation, in line with fundamental American values.
The department expresses its intention to adhere to the court’s decision while pursuing legal arguments to uphold the policy. This temporary block underscores the ongoing legal and political struggles surrounding US immigration policy.
