News Americas, NEW YORK, NY, Tuesday. August 27, 2024: A federal judge appointed by Donald Trump in Texas has temporarily halted a Biden administration program that sought to open a path to legalization for half a million undocumented immigrants married to US citizens. The decision comes after 16 Republican-led states sued the administration, challenging the program.
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued the stay, halting the approval of applications for the program, which had just begun accepting applications last week. The court will now consider the broader legal issues raised in the lawsuit, which questions the executive branch’s authority to set immigration policy without congressional approval.
The program, called Keeping Families Together, aims to ease the legalization process for undocumented immigrants who have been in the US for more than 10 years and are married to US citizens. Under current law, such individuals must return to their home countries to complete the green card process, which often results in long separations from their families. The new initiative allows them to stay in the US while their applications are processed, providing a form of “parole” that protects them from deportation and gives them work authorization.
Republican states leading the lawsuit argue that the program constitutes an “amnesty” for undocumented immigrants and could negatively impact state resources. Texas Attorney General Ken Paxton led the complaint, which echoes ongoing Republican criticism of the administration’s immigration policies.
Immigrant advocacy groups quickly condemned the decision, with Rebecca Shi, executive director of the American Business Immigration Coalition, calling it harmful to the economy and harmful to families who have been in the US for decades. Legal aid organizations helping applicants have reported high demand, with thousands of people seeking help in the first week of the programme.
The suspension will remain in effect for 14 days while both sides present further arguments.
About Judge Barker
Barker, 44, was born in New Orleans, Louisiana, and is a member of the Federalist Society. On May 1, 2019, his nomination was confirmed by a vote of 51–47 in the Senate after he was nominated on January 23, 2018, by then-President Donald Trump to the vacated seat on the United States District Court for the Eastern District of Texas. . by Judge Leonard Davis. He received his judicial commission on May 3, 2019. His other notable decisions include on February 25, 2021, when he struck down the Centers for Disease Control and Prevention’s federal deportation moratorium.
On March 9, 2024, Barker also rejected the National Labor Relations Board’s final rule on joint employer status, issued in October 2023, which was set to take effect 3 days later. He had previously stayed in order until the 11th.
Before taking the bench, Judge Barker served as a Deputy Solicitor General of Texas, arguing appeals and public law cases for the state. Prior to his state service, Judge Barker was an appellate and IP partner at Yetter Coleman in Houston. Before that, he spent four years in the Appellate Section of the Criminal Division of the DOJ. While there, he taught appellate advocacy at the National Advocacy Center, completed a Pegasus Fellowship with the English Inns of Court, and served on detail as a Special Assistant U.S. Attorney for the Eastern District of Virginia. Judge Barker clerked for Judge William Bryson in the Federal Circuit and Chief Judge John Walker in the Second Circuit. He earned his BA in computer engineering with honors from Texas A&M and his JD from the University of Texas, where he graduated first in his class.
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