What does Biden’s citizenship program for immigrant spouses entail? Federal Judge rules against policy

On Thursday, November 7, a federal judge ruled against President Joe Biden's citizenship program for immigrant spouses. Texas's U.S. District Judge J. Campbell Barker struck down the outgoing president's policy known as the Keeping Families Together program. The Trump-appointed federal judge cited that the program violated U.S. immigration law.

First announced in June 2024, the Keeping Families Together policy aimed at promoting family unity among mixed-status households. As per the program, undocumented immigrants married to United States citizens could attain U.S. citizenship without first having to leave the country.

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The Biden administration's Keeping Families Together program would have enabled undocumented spouses to get legal status

In June 2024, Joe Biden's administration proposed the Keeping Families Together program. It was considered one of the biggest presidential orders regarding easing immigration since 2012's Deferred Action for Childhood Arrivals (DACA) program. The DACA allowed temporary, renewable deportation protection and work access for people who came to the country as kids.

To be eligible for the program, undocumented immigrant spouses were to have lived in the United States for 10 years as of June 17, 2024. They were supposed to be married to an American citizen by this time frame without ever having legally left the country. Eligible spouses should also have not committed a serious crime like driving under the influence or have ever been part of a gang.

Under the Keeping Families Together process, such eligible undocumented immigrant spouses were to receive deportation protection and work permits. The program would have allowed eligible candidates to apply for a green card or permanent residency. After three years, those who received permanent residency can also apply for citizenship.

Although spouses of American citizens were already eligible to apply for green cards, the Keeping Families Together initiative would have ensured that undocumented spouses did not have to leave the country and then re-enter it legally to do so. However, the process can trigger an exile of 3-10 years before spouses can enter the country again.

However, the Biden administration order was met with staunch opposition. In August, Texas and several other Republican-controlled states filed a lawsuit against the order. Based on the lawsuit, the order was temporarily blocked by Donald Trump-appointed Texas Federal Judge J. Campbell Barker.

On Thursday, November 7, the order was decisively struck down by Barker, who decided the policy was illegal. The striking down of the order represented a huge blow for the Biden administration. Although the Justice Department can appeal the ruling, the policy will likely face backlash from President-elect Donald Trump, who vehemently opposed the Biden administration's immigration policies.

In a document released by The Department of Homeland Security in August, a few reasons were given to explain why the policy was of public benefit to the country. The document read:

"It will promote family unity by enabling U.S. citizen spouses and children to remain with their noncitizen family members while their noncitizen family members apply for adjustment of status to that of an LPR (Lawful Permanent Resident), thus promoting stability and preventing avoidable disruptions to these families."

It added:

"It will advance U.S. economic and labor interests by enabling paroled noncitizens to work lawfully in the United States and contribute economically to their families and communities."

The document detailed that the policy would further U.S. diplomatic interests and U.S. foreign policy objectives and preserve limited resources across U.S. government agencies. It added that the order would further national security, public safety, and border security objectives by encouraging citizens to provide background and security check information.