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Federal judge throws out Biden admin program to legalize unlawful immigrant spouses of US residents

Federal judge throws out Biden admin program to legalize unlawful immigrant spouses of US residents


A federal judge in Texas has thrown out the Biden administration’s try to legalize tons of of hundreds of unlawful immigrants married to U.S. residents by way of a “parole in place” program.

The program, known as “Keeping Families Together,” was launched by the Biden administration throughout the summer time and would have given safety from deportation to unlawful immigrants who’re married to U.S. residents.

U.S. District Judge J. Campbell Barker, who was appointed by now President-elect Donald Trump, dominated on Thursday that this system is illegal and exceeded Biden’s govt authority.

“We simply WON our lawsuit with Ken Paxton, Raul Labrador, and a coalition of 14 states. We have formally STOPPED the Biden-Harris Administration’s unlawful try to grant mass amnesty to tons of of hundreds of unlawful aliens,” America First Legal wrote in a submit on X following the choice. 

BIDEN ADMIN SUED BY 16 STATES OVER PAROLE PUSH FOR ILLEGAL IMMIGRANTS WITH US SPOUSES

This cut up reveals the border together with President Biden, Vice President Harris and DHS Secretary Alejandro Mayorkas. (Qian Weizhong/VCG by way of Getty Images, Andrew Harnik/Getty Images, Alex Wong/Getty Images, Kevin Dietsch/Getty Images)

The program was launched in August however was blocked days later by Barker, who left it frozen whereas he thought-about a authorized problem introduced by Texas and a coalition of U.S. states with Republican attorneys basic.

‘NOW’S THE TIME’: TRUMP VICTORY HAS BIDEN ADMIN BRACING FOR MIGRANT SURGE AT SOUTHERN BORDER

“Since day one, the Biden-Harris Administration has devoted itself to the decimation of our immigration system and the erasure of our borders. Time and once more, the States stood up. And at present, the good State of Texas and the brave Ken Paxton, alongside a coalition of different courageous Attorneys General, succeeded in stopping an unlawful program that will have supplied amnesty to tons of of hundreds of unlawful aliens and paved the trail for the biggest administrative amnesty in American historical past. We are proud to face alongside these patriots in protection of our nice nation,” mentioned Gene Hamilton, America First Legal Executive Director. 

The administration had estimated that about 500,000 immigrants could be impacted, and about 50,000 kids. 

However, the coalition of states claims that it could enable greater than 1.3 million unlawful immigrants to profit. 

The states argued that the rule violates federal regulation, which prohibits unlawful immigrants from acquiring immigration advantages, together with everlasting standing, with out first having left the nation and being readmitted. They argue it does that by an illegal use of parole, which is proscribed to make use of on a “case-by-case foundation for pressing humanitarian causes or important public profit.”

“Joe Biden and Kamala Harris created a disaster on the southern border, leaving the American folks to pay the results. In the wake of the federal authorities’s refusal to behave, states like Missouri had no selection however to step in and take motion to safe our southern border,” mentioned Missouri Attorney General Andrew Bailey. “We filed go well with to make sure tens of millions of unvetted people will not be invading our communities.”

HOW HARRIS WAS DOGGED BY ‘BORDER CZAR’ LABEL, PAST RADICAL IMMIGRATION VIEWS DURING FAILED CAMPAIGN

Mayorkas briefing Helene

Homeland Security Secretary Alejandro Mayorkas speaks Tuesday, Oct. 1, 2024, throughout a briefing on the White House in Washington. (AP Photo/Mark Schiefelbein)

Fox News Digital reached out to Department of Homeland Security (DHS) and the White House concerning the new ruling however didn’t instantly obtain a response. 

In a earlier assertion to Fox News Digital, DHS promised to defend the coverage in court docket. 

“The Department of Homeland Security is dedicated to Keeping Families Together. Keeping Families Together is grounded in well-established authorized authority, and its objective – enabling the households of U.S. Citizens to dwell with out concern of separation – is in line with basic American values. We will defend it in court docket. DHS is continuous to course of already filed purposes, and to just accept and course of new purposes,” a spokesperson mentioned.

The White House additionally beforehand defended the coverage and accused Republican officers of being “extra centered on taking part in politics than serving to American households or fixing our damaged immigration system.”

“This lawsuit is looking for to power U.S. residents and their households, individuals who have lived within the United States for greater than ten years, to proceed to dwell within the shadows. The lawsuit goals to separate American residents from their spouses and stepchildren who’re already eligible for lawful everlasting residency and will stay collectively via this course of,” spokesperson Angelo Fernández Hernández mentioned. “This lawsuit goes towards our nation’s values, and we’ll vigorously defend Keeping Families Together and our potential to make the immigration system extra truthful and extra simply. We will even proceed securing our border and implementing our legal guidelines, one thing Congressional Republicans have refused to do time and time once more.” 

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“Since President Biden introduced new, decisive govt actions to safe the border, encounters between ports of entry have dropped considerably – encounters in July 2024 had been the bottom since September 2020 and decrease than at this level in 2019,” he added.

The states within the lawsuit are Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.

Reuters contributed to this report.

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