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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. The states also expressed concerns over financial burdens, arguing that noncitizens paroled into the U.S. become eligible for federal benefits after five years, potentially leading to increased costs for Medicaid, food stamps, and welfare payments. They seek a permanent injunction against the program.

Green Card Rule Pause : Judge Barker’s Ruling

In his ruling, Judge Barker indicated that the government's interests did not outweigh the potential harms cited by the states. He noted that since noncitizen spouses and stepchildren covered by the program have been living in the U.S. for the past decade, a brief pause would not force them to leave the country. The case remains ongoing, with the states continuing to press for a permanent block on the Biden administration’s green card rule.

Legal Representation

Texas and the other states are represented by their respective attorneys general, along with the Office of the Attorney General of Texas and America First Legal Foundation. The federal government is represented by attorneys from the U.S. Department of Justice’s Office of Immigration Litigation.