Judge rules against Biden administration's proposal to grant amnesty to 500,000 spouses of US citizens

A Biden administration order that would have allowed spouses and stepchildren of U.S. citizens to remain in the country legally has been rejected by a federal judge.

Thursday’s ruling comes after a group of Republican attorneys general filed suit in August against the Biden administration’s “parole in place” policy, arguing that the president had overstepped his authority by granting such amnesties. Judge J. Campbell Barker, an appointee of then-President Donald Trump, agreed with the attorneys general.

An estimated 550,000 immigrants living in the U.S. illegally were eligible for the program.

Currently, spouses and stepchildren of U.S. citizens who are not legally resident in the country must leave the U.S. before applying for legal status. Had the Biden administration’s proposal gone through, an estimated 500,000 spouses of U.S. citizens and 50,000 stepchildren would have been granted a three-year amnesty.

During that time, spouses and stepchildren could continue living in the U.S. while advocating for permanent resident status.

The rule would have allowed spouses of citizens to apply only if they had lived in the U.S. for more than 10 years and had no disqualifying criminal history.

The White House implemented the program on August 19, but a week later a court temporarily halted it. It is unclear whether the administration approved applications before the program was shut down.

“Joe Biden and Kamala Harris created a crisis at the southern border, leaving the American people to deal with the consequences. In the wake of the federal government’s refusal to act, states like Missouri had no choice but to step in and take action to secure our southern border,” said Missouri Attorney General Bailey. “We filed suit to ensure millions of unvetted individuals do not enter our communities.”

On average, spouses who would qualify for the program have lived in the United States for 23 years, White House officials said.

The Biden administration said its preference has been to fix a “broken” immigration system through Congress. When the proposal was first introduced, White House Press Secretary Karine Jean-Pierre said the proposal would not hinder efforts to combat illegal immigration at the border.

With President-elect Donald Trump taking office in January, the on-site program will likely disappear before an appeal is filed.