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Judge blocks Biden effort to protect some undocumented spouses of US citizens from deportation

Judge blocks Biden effort to protect some undocumented spouses of US citizens from deportation

Four-year-old Mia Williams holds a sign during an immigration vigil outside the Immigration and Customs Enforcement offices, Wednesday, April 10, 2013, in Las Vegas. The vigil was held to honor all who have been detained or deported by ICE. (AP Photo/Julie Jacobson)

By Jannelle Calderón

November 8, 2024

It was estimated that at least 500,000 families would have benefited from the program nationwide. There are roughly 22,000 undocumented immigrants in Nevada who are married to US citizens, according to the nonpartisan Migration Policy Institute. 

A federal judge in Texas on Thursday struck down the Biden administration program that aimed to ease a path to citizenship for some undocumented immigrants who are married to US citizens. 

The program, which launched in August but was quickly halted by Texas District Judge J. Campbell Barker, would have granted parole in place and allowed undocumented spouses and stepchildren of US citizens who have already been in the US for more than 10 years to apply for a green card without first having to leave the country. The program also would have allowed them to work legally while awaiting their green card. 

It was estimated that at least 500,000 families would have benefited from the program nationwide. There are roughly 22,000 undocumented immigrants in Nevada who are married to US citizens, according to the nonpartisan Migration Policy Institute. 

Texas and 15 other states sued to stop the program, arguing that allowing hundreds of thousands of undocumented residents to receive parole in place would strain state budgets through increased public service costs.

In August, Barker — who was appointed by President-elect Donald Trump during his first term — temporarily blocked the program; by October, the block was extended to Nov. 8. And just as Election Day was underway, so was a trial to decide on the program’s future. 

The ruling on Thursday now halts the program permanently. Barker said in his decision that Congress had not given the executive branch the authority to implement such a policy. 

  • Jannelle Calderón

    Jannelle Calderón is a bilingual politics and community multimedia reporter with a passion to highlight the human side to policy and issues as well as showcasing the vibrant cultures found in Southern Nevada. She previously reported for The Nevada Independent and graduated from UNLV.

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