- A federal judge annulled Parole In Place that benefited undocumented spouses of US citizens
Federal Judge J. Campbell Barkel, of the United States District for Eastern Texas, annulled the program called Keeping Families Together or Parole In Place, promoted by the Joe Biden government to benefit spouses and undocumented stepchildren of US citizens, with the objective that they could work legally in the country, while they carried out the procedures for citizenship.
The 24-page ruling was issued on November 7 and confirmed that Congress had not given the executive power to the government to implement the policy, according to information from the American media. The New York Times.
Likewise, the judge determined that the United States Department of Homeland Security did not have the legal power under the Immigration and Nationality Act to grant Parole In Place to foreigners.
Prior suspension of the program
In August 2024, Barkel, appointed as a federal judge in Texas by the Donald Trump government (2017-2021), announced the temporary suspension of Parole In Place in response to the lawsuit of 16 Republican prosecutors, who alleged that the Biden Administration lacked legal authority to enact such a program.
In addition, they assured that the policy was costing the State millions of dollars in public services.
Subsequently, on September 13, several judges of the 5th Circuit Court of Appeals ordered a federal court in Texas to administratively suspend all proceedings related to the immigration program.
The program was promoted by the Biden government in June 2024, along with another group of immigration measures to try to stop the passage of foreigners without documents through the country’s borders.
“These couples have been raising families, sending their children to church and school, paying taxes, contributing to our country,” Biden said when announcing the measure in June.
The reaction of migrant advocates
According to migrant advocates in the United States, they rejected the ruling of the federal judge in Texas, considering that it will further slow down cases in the immigration system.
“It’s extremely disappointing because these are people who have been here for many years and will continue to move through the immigration system. Their cases will take many years and will further clog the system,” said Dan Berger, an immigration attorney, in an interview with el New York Times.
For her part, Rebecca Shi, director of the American Business Immigration Coalition, said the lawsuit against the program was a “misguided effort.”
“At some point, Republican leaders will have to represent all the families in their states instead of opposing every sensible step taken. Polls show that 41% of Trump voters support legalizing undocumented spouses of US citizens,” he said in an email sent to the US media.
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Dan Berger lawyer
**Interview with Dan Berger, Immigration Attorney**
**Editor:** Thank you for joining us today, Dan. Recent legal developments have led to a significant setback for undocumented families, particularly due to the annulment of the Parole In Place policy. Can you explain what this ruling entails and its implications?
**Dan Berger:** Thank you for having me. The ruling by Judge J. Campbell Barkel essentially strikes down the Biden administration’s Parole In Place program, which allowed undocumented spouses of U.S. citizens to obtain temporary protections while they applied for citizenship. This was meant to keep families together and provide legal work opportunities during the immigration process.
**Editor:** What were the grounds for the judge’s ruling?
**Dan Berger:** The judge determined that the Biden administration did not have the legal authority to implement this policy under the Immigration and Nationality Act. He cited that Congress had not delegated such power to the executive branch, which means the program is considered unlawful.
**Editor:** How do you foresee this affecting families in the U.S. who were relying on this policy?
**Dan Berger:** This decision is extremely disappointing and will have a devastating impact on many families. It’s already a long and arduous process to navigate the immigration system, and now these families will face additional delays and uncertainty. Many have been living here for years, contributing to their communities, and now their cases are likely to become further clogged in the immigration system.
**Editor:** There have been reactions from various advocacy groups. What’s the general sentiment among migrant advocates regarding this ruling?
**Dan Berger:** The sentiment is one of frustration and disappointment. Advocates are concerned that this ruling will not only impact those who were eligible for the Parole In Place program but also exacerbate the existing backlog in immigration cases. They feel that policies like Parole In Place are necessary to keep families together and help them contribute positively to society.
**Editor:** What steps could be taken moving forward to support these families?
**Dan Berger:** Advocates will likely push for legislative changes to secure protections for undocumented immigrants. Additionally, legal groups may seek to appeal this ruling or find alternative pathways for these families. Public support and awareness will also be crucial in advocating for more compassionate immigration policies.
**Editor:** Thank you for your insights, Dan. It’s clear this ruling has far-reaching consequences, and we will continue to follow its developments closely.
**Dan Berger:** Thank you for having me and for shedding light on this important issue.