Judge Strikes Down “Parole in Place” Immigration Policy for Undocumented Spouses

In a recent ruling, a federal judge has struck down one of the most controversial immigration policies of the Biden administration, which protected certain undocumented spouses of U.S. citizens from deportation. This policy, known as “parole in place,” allowed individuals in irregular status to legally work and remain in the country while seeking a pathway to U.S. citizenship.

Judge J. Campbell Barker, appointed during the Trump administration, argued that the executive branch does not have the necessary authority to implement such a policy, as Congress has not explicitly authorized it. According to the ruling, this interpretation of immigration law extends the government’s authority beyond legal limits, rendering the policy indefensible.

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What Does the Ruling Mean?

The ruling directly affects a measure that could have benefited between 750,000 and 800,000 people, according to previous estimates. The policy, implemented in early 2024, was designed to protect undocumented spouses and their children from deportation, as long as they met certain requirements, such as having lived in the country for at least ten years. It also allowed them to obtain work permits while seeking a change in their immigration status.

This annulment represents a setback for the Biden administration, which had argued that the measure was crucial to protecting immigrant families and ensuring their stability within the United States. Furthermore, it sets a precedent in a series of legal challenges against the current administration’s immigration policies, challenges that could intensify if there is a change in the presidency.

Consequences for Dreamer Families

This ruling adds to the uncertainty faced by thousands of immigrant families in the United States. In June 2024, President Biden had announced additional changes to support Dreamer families, particularly spouses of DACA recipients who were seeking a pathway to legalization. However, the recent court ruling could further complicate these families’ efforts to regularize their status in the country.

Implications for the Future of Immigration Policy

The case also raises important questions about the scope of executive authority in immigration matters and could set a precedent that limits future administrations’ ability to implement similar policies without congressional approval. In the event of a change in administration, critics fear that policies like this one will not only lack support but could face additional obstacles.

This judicial setback marks a critical moment for U.S. immigration policies and the future of millions of immigrants who rely on these reforms.

From: https://edition.cnn.com/2024/11/07/politics/judge-strikes-biden-policy-undocumented-spouses/index.html

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