A Texas federal judge has temporarily halted a Biden administration program that allows noncitizen spouses and stepchildren of U.S. citizens to seek green cards from within the United States. The decision follows a lawsuit from Texas and 15 other Republican-led states, which argue the administration overstepped its parole authority.
Green Card Rule Pause : Temporary Stay on Parole Program
U.S. District Judge J. Campbell Barker issued an administrative stay on the program for 14 days, stating that the states’ claims warranted “closer consideration.” His ruling came after an initial review of the challenge to the U.S. Department of Homeland Security (DHS) program. Barker emphasized that this pause does not represent a final decision and does not prevent the government from accepting applications during the stay.
The Biden administration’s program, which launched last week, aims to help noncitizen spouses and stepchildren of U.S. citizens avoid leaving the country to adjust their status. The requirement to leave and face a potential 10-year reentry ban has been a significant obstacle for many. Applicants must meet certain conditions, such as having been present in the U.S. for at least 10 years by June 17, 2023.
Republican-Led States Push Back
The states, led by Texas, argue that the program circumvents the Immigration and Nationality Act (INA), which mandates that parole be granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit. The lawsuit claims that the DHS program fails to meet this standard, dedicating minimal attention to individual case considerations.
