On Thursday, a federal judge overturned the Biden administration’s executive order known as “parole in place,” which aimed to provide legal status to undocumented individuals who are married to U.S. citizens.
This executive order was designed to protect undocumented immigrants married to American citizens from deportation, allowing them to remain in the United States while applying for permanent residency, commonly known as a “green card.” The Department of Homeland Security (DHS) estimates that more than two-thirds of non-citizens married to U.S. citizens are in the country without proper admission or parole, making them ineligible for status adjustment. Under the “Keeping Families Together” initiative, approximately 500,000 non-citizen spouses and 50,000 non-citizen stepchildren could have qualified for this parole.
President Joe Biden signed the order in June of this year, but just days before it was set to be implemented in August, U.S. District Judge J. Campbell Barker in Texas issued a pause following a lawsuit joined by 15 states led by Republican attorneys general.
In a 74-page decision, Barker stated that the Biden administration had overstepped its authority by extending the legal interpretation of immigration law “beyond its breaking point.” The final ruling resulted in the cancellation of the program.
Missouri Attorney General Andrew Bailey, one of the plaintiffs in the case, stated, “Joe Biden and Kamala Harris created a crisis at the southern border, and the American people have had to pay the consequences. Faced with the federal government’s refusal to act, states like Missouri had no choice but to intervene and take measures to protect our southern border. We filed a lawsuit to ensure that millions of undocumented individuals do not invade our communities.”
The short-lived initiative, initially proposed as “Keeping Families Together,” was likely bound to face opposition again if Donald Trump were to be re-elected in January of next year.
The premature cancellation of this program, along with proposals from the president regarding mass deportations or the termination of the Deferred Action for Childhood Arrivals (DACA) program, has left the immigrant community in a state of uncertainty.
The community may need to rally together and engage in constructive dialogue with lawmakers to advocate for more inclusive immigration policies that protect families and support undocumented individuals living in the U.S.
Overall, while this ruling presents challenges, it also highlights the need for continued advocacy for fair and humane immigration policies that consider the realities faced by many families.