US federal judge annuls “parole in place” immigration program

MIAMI, United States. – A federal judge declared illegal This Thursday the program known as “parole in place” of the Biden Administration, which allowed undocumented spouses of American citizens to obtain legal status and an easier path to citizenship in the United States.

District Judge J. Campbell Barker issued the ruling following a lawsuit brought by 16 states, led by Republican attorneys general, who argued that the policy incentivized illegal immigration.

Barker had already temporarily suspended the measure at the end of August while he evaluated its legality. President Joe Biden had introduced the program in June. In his final decision, the magistrate stated that the Government lacks the authority to implement said policy without the approval of Congress.

The initial order prevented the Government from granting the regularization of immigration status without the applicants leaving the country, but allowed them to continue accepting new applications through form I-131F from the Office of Citizenship and Immigration Services (USCIS). ). With the new ruling, both actions are prohibited.

Although the Justice Department has the option to appeal the decision, it is likely that the president-elect, donald trumpa well-known critic of Biden’s immigration policies, plans to eliminate “parole in place” once he takes office.

The program offered undocumented spouses and adopted children of US citizens the possibility of obtaining permanent residency without having to leave the United States. Traditionally, immigrants in this situation must leave the country to regularize their status, risking prolonged or permanent family separations.

Human rights defenders pointed out that this risk discouraged many from trying to legalize their situation, for fear of family separation.

Called “Keeping Families Together” by the White House, the program provided legal relief to approximately half a million undocumented spouses, easing them in the process of obtaining permanent residency and, eventually, citizenship.

To be eligible under Biden’s measure, applicants had to demonstrate continuous residence in the United States for at least 10 years and be married to a US citizen before June 17, the date the program was announced. In addition, they had to pass a criminal background check; serious crimes, domestic violence and most drug-related crimes were grounds for disqualification.

The states that filed the lawsuit on August 23 include Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.