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A federal judge in Texas has issued an order temporarily halting a new immigration programme from the Biden White House that officials say could protect hundreds of thousands of undocumented spouses of US citizens from deportation.
The 14-day stay issued on Monday comes in response to a lawsuit from 16 Republican-led states that sued the Biden administration over the programme.
The “Keeping Families Together” programme, which took effect last week, would apply to those who have been in the country for at least 10 years and allow them to work in the US legally.
Polls show that the immigration is a primary concern for many voters ahead of November’s presidential election.
When the White House announced the new programme in June, officials said that more than 500,000 spouses would be eligible.
They said the policy will also benefit 50,000 people under 21 whose parent is married to an American citizen.
The announcement marked the most significant relief programme for undocumented migrants already in the US since the Obama administration announced the Deferred Action for Childhood Arrivals, or Daca, in 2012.
Under the now-temporarily suspended programme, the undocumented spouses of US citizens would qualify if they had lived in the country for a decade and been married as of 17 June.
Those who qualify will have three years to apply for permanent residency and will be eligible for a three-year work permit.
Unlike the old system, in which applicants must leave the US to apply, the new plan would allow them to remain in the country as they seek legal status.
Judge J Campbell Barker’s order on Monday puts the plan on hold for two weeks as the court considers the case, but has the option to be extended.
The Department of Homeland Security can continue receiving applications in the meantime but cannot process them.
“The claims are substantial and warrant closer consideration than the court has been able to afford to date,” Judge Barker, who was appointed to the bench by former President Donald Trump, wrote in his order.
Texas Attorney General Ken Paxton applauded the order, writing on social media: “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.”
Critics of the Biden plan argue that it offers amnesty for migrants who entered the country illegally.
Proponents argue that it will allow families to remain together, and that the old system “separates families”.
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