Federal judge throws out Biden admin program to legalize illegal immigrant spouses of US citizens

A federal judge in Texas has thrown out the Biden administration’s attempt to legalize hundreds of thousands of illegal immigrants married to U.S. citizens via a “parole in place” program.

The program, called “Keeping Families Together,” was introduced by the Biden administration during the summer and would have given protection from deportation to illegal immigrants who are married to U.S. citizens.

U.S. District Judge J. Campbell Barker, who was appointed by now President-elect Donald Trump, ruled on Thursday that the program is unlawful and exceeded Biden’s executive authority.

“We just WON our lawsuit with Ken Paxton, Raul Labrador, and a coalition of 14 states. We have officially STOPPED the Biden-Harris Administration’s illegal attempt to grant mass amnesty to hundreds of thousands of illegal aliens,” America First Legal wrote in a post on X following the decision. 

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

This split shows the border along with President Biden, Vice President Harris and DHS Secretary Alejandro Mayorkas. (Qian Weizhong/VCG via Getty Images, Andrew Harnik/Getty Images, Alex Wong/Getty Images, Kevin Dietsch/Getty Images)

The program was launched in August but was blocked days later by Barker, who left it frozen while he considered a legal challenge brought by Texas and a coalition of U.S. states with Republican attorneys general.

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

“Since day one, the Biden-Harris Administration has dedicated itself to the decimation of our immigration system and the erasure of our borders. Time and again, the States stood up. And today, the great State of Texas and the courageous Ken Paxton, alongside a coalition of other brave Attorneys General, succeeded in stopping an illegal program that would have provided amnesty to hundreds of thousands of illegal aliens and paved the path for the largest administrative amnesty in American history. We are proud to stand alongside these patriots in defense of our great nation,” said Gene Hamilton, America First Legal Executive Director. 

The administration had estimated that about 500,000 immigrants would be impacted, and about 50,000 children. 

However, the coalition of states claims that it would allow more than 1.3 million illegal immigrants to benefit. 

The states argued that the rule violates federal law, which prohibits illegal immigrants from obtaining immigration benefits, including permanent status, without first having left the country and being readmitted. They argue it does that by an unlawful use of parole, which is limited to use on a “case-by-case basis for urgent humanitarian reasons or significant public benefit.”

“Joe Biden and Kamala Harris created a crisis at the southern border, leaving the American people to pay the consequences. In the wake of the federal government’s refusal to act, states like Missouri had no choice but to step in and take action to secure our southern border,” said Missouri Attorney General Andrew Bailey. “We filed suit to ensure millions of unvetted individuals are not invading our communities.”

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

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

Fox News Digital reached out to Department of Homeland Security (DHS) and the White House about the new ruling but did not immediately receive a response. 

In a previous statement to Fox News Digital, DHS promised to defend the policy in court. 

“The Department of Homeland Security is committed to Keeping Families Together. Keeping Families Together is grounded in well-established legal authority, and its purpose – enabling the families of U.S. Citizens to live without fear of separation – is consistent with fundamental American values. We will defend it in court. DHS is continuing to process already filed applications, and to accept and process new applications,” a spokesperson said.

The White House also previously defended the policy and accused Republican officials of being “more focused on playing politics than helping American families or fixing our broken immigration system.”

“This lawsuit is seeking to force U.S. citizens and their families, people who have lived in the United States for more than ten years, to continue to live in the shadows. The lawsuit aims to separate American citizens from their spouses and stepchildren who are already eligible for lawful permanent residency and could remain together through this process,” spokesperson Angelo Fernández Hernández said. “This lawsuit goes against our nation’s values, and we will vigorously defend Keeping Families Together and our ability to make the immigration system more fair and more just. We will also continue securing our border and enforcing our laws, something Congressional Republicans have refused to do time and time again.” 

CLICK HERE TO GET THE FOX NEWS APP

“Since President Biden announced new, decisive executive actions to secure the border, encounters between ports of entry have dropped significantly – encounters in July 2024 were the lowest since September 2020 and lower than at this point in 2019,” he added.

The states in 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.