Federal Judge Strikes Down Biden’s Plan for Fast-Tracking Citizenship for Illegal Foreign Nationals

A federal judge in Texas has struck down President Joe Biden’s plan to fast-track citizenship for a wide swath of illegal foreign nationals.

In June, Biden announced a path to citizenship for hundreds of thousands of foreign nationals who’ve been living in the country illegally for more than 10 years and married a U.S. citizen. The plan also expanded protections for recipients of the Obama-era Deferred Action for Childhood Arrivals (DACA) program, which a federal judge has twice ruled is illegal.

To implement his plan, the Department of Homeland Security proposed a “Keeping Families Together” program. It directed federal agents to “process for certain noncitizen spouses and stepchildren of U.S. citizens who are present in the United States without admission or parole,” meaning they are in the country illegally, “to request parole in place” status.

Legal Challenge

Texas and a coalition of 16 states sued, arguing that granting PIP status to noncitizens living in the country illegally was illegal, ignored the Constitution, violated the Administrative Procedure Act, and contravened existing federal law.

“Federal statute prohibits illegal aliens from obtaining most immigration benefits, such as permanent resident status, without first leaving the country and being admitted to re-enter and reside in the country lawfully,” the coalition said.

The complaint also lists an estimated number of foreign nationals illegally living in each of the plaintiff states who are married to a U.S. citizen and may qualify for the PIP program.

Judge’s Ruling

Judge J. Campbell Barker issued a 74-page ruling, refuting the arguments DHS made and ruled that DHS lacked the statutory authority to implement such a program.

He also issued a one-page judgment vacating the “Implementation of Keeping Families Together” and PIP program.

Border Crossings

President Biden and Vice President Kamala Harris claimed that his amnesty plan was responsible for reduced illegal border crossings, but data showed that illegal border crossings remained high.

There were record numbers of illegal border crossers under the Biden administration, including known or suspected terrorists attempting to enter the U.S.

Conclusion

The ruling blocks the implementation of Biden’s amnesty plan. DHS is unlikely to appeal due to the administration having less than two months left in office.

Syndicated with permission from The Center Square.