Federal judge pauses Biden program that offers legal status to spouses of US citizens 

A federal judge in Texas ordered a pause Monday on a new policy from the Biden administration that would make it easier for Americans’ spouses and children who lack necessary documentation to gain legal status.

U.S. District Judge J. Campbell Barker issued an administrative stay on the program, known as “Keeping Families Together,” just days after Texas and 15 other GOP-led states sued President Biden’s administration over the policy.

“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Barker wrote in the order.

Barker noted the order is not equal to “any ultimate conclusions about the success or likely success” of the plaintiff’s claims but rather is a “first-blush” review of the claims following a preliminary screening.

The Department of Homeland Security began taking applications last week for the new rule, which allows spouses and children of U.S. citizens without legal status to seek to adjust their status without first leaving the country.

The lawsuit, filed Friday in coordination with former President Trump ex-aide Stephen Miller’s America First Legal, argues that the new rule violates immigration authorities and the Administrative Procedures Act, which lays the groundwork for federal rulemaking.

Texas Attorney General Ken Paxton (R), who led the suit, applauded the order while calling it “just the first step.”

“Biden’s unconstitutional scheme would have rewarded over 1 million illegal aliens with the opportunity for citizenship after breaking our country’s laws—and incentivized countless more,” he wrote Monday on the social platform X.

Paxton’s claim that those who receive the status change are unvetted is false, as applying to shift one’s immigration status kicks off such a review process. The rule notes that applicants must submit biometrics and “undergo required background checks and national security and public safety vetting.”

Applicants also must not have any “disqualifying criminal history and otherwise [may] not [be] deemed to be a threat to public safety, national security, or border security.”

The order lasts two weeks, though it could be extended. Baker, who was appointed by Trump in 2019 as a judge in Tyler, Texas, suggested a timeline that could bring a decision shortly before the Nov. 5 presidential election or before the newly elected president takes office early next year, The Associated Press noted.

Each side was given until Oct. 10 to file briefs in the case.

During the rollout of the plan, the Biden administration touted the rule would “bring peace of mind and stability to Americans living in mixed-status families” and “allow more young people to contribute to our economy.”

Biden, in a statement Tuesday, criticized the order, writing, “America is not a country that tears families apart.” 

“I am not interested in playing politics with the border or immigration; I am interested in solving problems. Nor am I interested in tearing families apart,” he wrote. “That is not who we are as Americans. I will continue to fight to secure our border and fix our broken immigration system.”

A spokesperson for the Department of Homeland Security told The Hill the agency will comply with the court’s decision, which includes continuing to accept applications while the process plays out. 

Rebecca Beitsch contributed.

Updated at 3:51 p.m.