Judge strikes down Biden’s “Keeping Families Together” immigration policy for undocumented spouses

Trump-appointed Judge kills Biden immigration policy days after election

A federal judge delivered a significant blow to President Joe Biden’s immigration efforts on Thursday, ruling against the “Keeping Families Together” policy, which aimed to help undocumented spouses of US citizens obtain legal status. The decision, which could affect an estimated half a million people eligible under the program, comes just days after Donald Trump’s decisive victory in the US presidential election, a result that saw Trump pledge to ramp up efforts against illegal immigration.

The controversial policy, introduced in June during the peak of Biden’s reelection bid, had been suspended earlier amid legal challenges. It sought to allow certain undocumented immigrants married to US citizens to apply for permanent residency without having to leave the country — a significant change from previous immigration rules that required these individuals to return to their home countries to apply for a visa.

Judge J Campbell Barker, of the Eastern District of Texas, ruled that federal agencies overseeing immigration lacked the statutory authority to implement the program. Appointed by Trump during his first term, Judge Barker’s ruling marks a setback for Biden’s broader immigration goals, particularly his focus on family reunification.

The policy, also known as the “Keeping Families Together” initiative, would have affected immigrants who had been in the US for at least 10 years, were married to US citizens before June 17, 2024, and did not have a criminal record. It also aimed to include an estimated 50,000 stepchildren of US citizens who were in the country unlawfully.

The decision follows legal opposition from a coalition of Republican-led states, including Texas, which had filed a lawsuit against the program, arguing that it would impose significant financial burdens on state resources such as healthcare, education, and law enforcement. The lawsuit claimed that the policy would incentivize illegal immigration, further exacerbating the ongoing border crisis.

On the campaign trail, Trump had frequently criticized Biden for the surge in illegal border crossings, and this ruling marks a significant victory for the former president’s hardline stance on immigration. Biden, who dropped out of the 2024 race shortly after unveiling the policy, has faced increasing pressure from both Republicans and some Democrats over his handling of immigration issues.

Biden’s administration could potentially appeal the ruling, but with Trump’s victory, it seems unlikely that any appeal will be pursued or successful. The incoming administration is expected to reverse many of Biden’s immigration policies, particularly those focused on expanding pathways to citizenship for undocumented immigrants.

Harold A Solis, co-legal director of the immigrant advocacy group Make The Road New York, condemned the ruling, calling it a “deeply disappointing and unjust setback.” Solis argued that the policy was critical to maintaining family unity and providing opportunities for stability for immigrant families.

“Today’s decision is a dangerous decision for immigrant families,” Solis said. “We must and will continue to support family unity despite today’s decision.”

The legal battle over Biden’s immigration policy is likely to continue as both sides brace for a protracted fight over the future of US immigration law under the incoming Trump administration.

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