A judge appointed by Trump has invalidated the Biden administration’s recently introduced green-card program for undocumented immigrants who are married to U.S. citizens.
The Keep Families Together [KFT] program extended its benefits to include the stepchildren of U.S. citizens. In June, the Biden administration introduced the program, stating that it would positively impact approximately 500,000 undocumented immigrants.
Since August 26, the Keep Families Together program has been suspended due to a legal challenge brought before Campbell’s court by Texas and 15 other Republican-led states.
In a recent decision, J. Campbell Barker, a federal judge from East Texas, ruled in favor of Texas and 15 other states, stating that the program violated the Immigration and Naturalization Act. On Friday, Newsweek emailed the White House and the Department of Homeland Security asking for a comment.
According to Campbell, who was appointed to the federal bench by President Trump in January 2017, Texas has demonstrated that every undocumented stepchild of a U.S. citizen attending Texas schools results in a financial burden of more than $10,000 per year for the state.
Campbell wrote that Texas has demonstrated its potential to face tangible consequences due to the rising expenses associated with offering educational and healthcare services to the growing number of immigrants.
The plaintiffs have successfully demonstrated that the Rule would lead to the presence of some alien stepchildren in Texas who would receive a state-funded education. Without the Rule, these children would not have been able to benefit from such an education. The court accepts the evidence Texas presented showing that the average funding entitlement from state and local sources in Texas for the year 2024 is $10,107 per student per year of attendance.
Campbell acknowledged that there was a sizable amount of interest in the KFT immigration parole. However, he was compelled to acknowledge that the program itself was illegal.
“The significance of Parole in place under the KFT Rule cannot be denied, but its illegality prevents us from taking into account those interests,” he stated.
The program provides work permits and protection from deportation to undocumented immigrants who are married to American citizens and have resided in the United States for a minimum of 10 years. It also includes the children of these undocumented immigrants. Along with safeguarding against deportation, it offers them a pathway to obtaining a green card and ultimately, citizenship.
Married couples where one spouse is an illegal immigrant and the other is a U.S. citizen have a pathway to obtaining a green card and citizenship through their marriage. However, if the immigrant spouse entered the U.S. illegally, they must first leave the country and reenter legally. This requirement poses challenges for many couples, as they fear potential exclusion penalties ranging from three to ten years.
Campbell expressed his intention to strike down the program, clarifying that he would not issue an injunction against the Department of Homeland Security.
In his statement, he emphasized that a court’s determination of a defendant’s violation of a statute should not automatically warrant a sweeping injunction to comply with the statute. He pointed out that such an injunction would unfairly subject the defendant to contempt proceedings.
