The Biden administration’s plan to help some illegal immigrant spouses of U.S. citizens become citizens has been put on hold by a judge. This happened after 16 states, led by Republicans, filed a lawsuit. 

U.S. District Judge J. Campbell Barker temporarily stopped the “parole in place” program on Monday. This program, announced in June, would have allowed certain illegal immigrant spouses of U.S. citizens to stay in the country while they applied for permanent residency rather than having to leave. 

The “parole in place” policy lets illegal immigrants with U.S. citizen family members stay in the country. Instead of being forced to leave and apply for legal status from abroad, they could stay and get permission to remain legally for a certain period. This policy is often used for family members of military personnel or veterans. 

Biden’s proposal would have allowed noncitizen spouses who have lived in the U.S. for ten years by June and are considered “safe” to apply for permanent residency. Supporters of the proposal said that families fear their future because they have to leave the U.S. and apply for legal status outside the country. 

A fact sheet explained that applicants must have no serious criminal history, shouldn’t be a threat to national security or public safety, and must show they deserve a chance to stay in the U.S. 

Stephen Miller, president of America First Legal, called the judge’s decision a big win in their legal fight to stop the Biden-Harris administration from allowing over 1 million illegal immigrants a way to become U.S. citizens. He said that the plan is now on hold and that his organization is proud to work with the states to challenge what they believe is an unconstitutional plan for mass amnesty. 

The 16 states, led by Texas and America First Legal, argued in a court filing that the rule goes against federal law. They say the law doesn’t allow illegal immigrants to get benefits like permanent residency unless they first leave the country and then return legally. They argued that the rule misuses parole, which is meant for urgent humanitarian reasons or when it benefits the public. 

Texas Attorney General Ken Paxton said Biden’s plan was against the Constitution and would have given over a million illegal immigrants a chance at citizenship after breaking the law. He also said it would have encouraged even more people to come illegally. 

The stay will last for two weeks but could be extended. Judge Barker, appointed by former President Donald Trump, decided that the claims made in the case were important and needed closer consideration. 

The Department of Homeland Security didn’t respond immediately to a request for comment, but last week, they said they would defend the policy in court. They stated that the policy is based on substantial legal grounds and aims to keep families of U.S. citizens together without fear of separation. DHS also mentioned that they are continuing to process both existing and new applications under the policy. 

Spokesperson Angelo Fernández Hernández said that this lawsuit is trying to force U.S. citizens and their families, who have lived in the country for over ten years, to continue living in fear and hiding. He noted that the lawsuit aims to separate American citizens from their spouses and stepchildren who are already eligible to stay legally in the U.S. 

Hernández also mentioned that the lawsuit goes against American values, and they will defend the policy to keep families together and make the immigration system fairer. He added that they will keep working to secure the border and enforce the laws, which he says Congressional Republicans have repeatedly failed to do. 

In a separate statement, the White House accused Republican officials of caring more about politics than helping American families or fixing the broken immigration system. 

It’s the latest setback in Democratic schemes to purchase votes ahead of the 20204 election. Last year, the Supreme Court ruled Biden’s unpopular student loan forgiveness plan was unconstitutional, a decision his administration ignored. An appeals court placed his latest student loan forgiveness actions on hold.