Judge Blocks Biden Admin Immigration Program

A federal judge halted a Biden Administration initiative that would have allowed qualifying immigrants without legal status an easier path to a Green Card if they are married to a U.S. citizen.

Currently, if the spouse of a U.S. citizen is in the country illegally, they usually need to leave the country before starting the process of obtaining a Green Card. This can often take years.

Under Biden’s “Keeping Families Together” initiative, spouses without proper legal status would be able to apply for green cards without leaving the country, therefore not having to separate from their spouses or families.

However, a federal judge said Thursday that Biden doesn't have the power to put the program in place without Congress. Also, the judge said Biden had pushed the boundaries of the relevant immigration law “past its breaking point.”

Before the ruling on Thursday, a judge had put a hold on Biden’s program in August, just days after the first applicants filled out their paperwork.

This action came after 16 states argued that the program would cost their states more money and could encourage more immigrants to come to the U.S. illegally.

The “Keeping Families Together” program would have required the applicant to have lived in the U.S. for at least 10 years, be married to a U.S. citizen by a specific date, and not pose a security risk. The applicant fee was $580, and if approved, they would have three years to obtain a work permit and apply for permanent residency. 

It’s possible the Biden Administration could appeal the ruling to a higher court. Other steps include trying to get the approval of Congress, revising the program, or abandoning it all together.