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Federal judge strikes down Biden administration's plan to legally register illegal immigrant spouses of US citizens

A federal judge in Texas has rejected the Biden administration's attempt to legally register hundreds of thousands of immigrants married to US citizens through the “parole” program.

The plan, called “Keeping Families Together,” was introduced by the Biden administration over the summer and would have protected from deportation illegal immigrants married to U.S. citizens..

US District Judge J. Campbell Barker, now President-elect Donald Trump's nominee, on Thursday ruled that the plan was illegal and exceeded Biden's executive authority.

“We just WON our case against Ken Paxton, Raul Labrador, and a coalition of 14 states. We legally STOP the illegal effort by the Biden-Harris Administration to grant amnesty to hundreds of thousands of illegal aliens,” America First Legal wrote in a letter . send to X following the decision.

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This split shows the border with President Biden, Vice President Harris and DHS Secretary Alejandro Mayorkas. (Qian Weizhong/VCG via Getty Images, Andrew Harnik/Getty Images, Alex Wong/Getty Images, Kevin Dietsch/Getty Images)

The plan was launched in August but was blocked days later by Barker, who eventually quit he left it on hold while he looked into the legal challenge brought by Texas and a coalition of US states and Republican lawmakers.

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“From day one, the Biden-Harris Administration has been committed to the dismantling of our immigration system and the removal of our borders. Again and again, the States have stood up. And today, the great State of Texas and the brave Ken Paxton, alongside a coalition of other brave Attorneys General, succeeded in setting up an illegal program that would have granted amnesty to hundreds of thousands of illegal aliens and paved the way for the largest amnesty administration in history “We are proud to stand with these patriots to protect our great nation,” said Gene Hamilton, America's Chief Legal Officer.

The administration estimated that about 500,000 immigrants would arrive, along with about 50,000 children.

However, a coalition of states says it will allow more than 1.3 million illegal immigrants to benefit.

The states argued that the law violated federal law, which prohibits illegal immigrants from receiving immigration benefits, including permanent residency, without first leaving the country and being returned. They argue that it does so through the use of illegal parole, which is limited to use on a “case-by-case basis for urgent reasons of relief or important public benefits.”

“Joe Biden and Kamala Harris created a crisis on the southern border, leaving the American people to pay the consequences. After the refusal of the federal government, states like Missouri had no choice but to intervene and take measures to protect our country. on the southern border,” said Missouri Attorney General Andrew Bailey. “We have applied to ensure that millions of unscreened people do not enter our communities.”

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Mayorkas told Helene

Homeland Security Secretary Alejandro Mayorkas speaks Tuesday, Oct. 1, 2024, during a briefing at the White House in Washington. (AP Photo/Mark Schifelbein)

Fox News Digital reached out to the Department of Homeland Security (DHS) and the White House about the new decision but did not immediately receive a response.

In a previous statement to Fox News Digital, DHS promised to defend the policy in court.

“The Department of Homeland Security is committed to Keeping Families Together. Keeping Families Together is based on a well-established legal mandate, and its purpose – to enable families of US Citizens to live without fear of separation – is consistent with basic American values. We will defend it in court.

The White House also defended the policy and accused Republican officials of being “more focused on playing politics than helping American families or fixing our broken immigration system.”

“This lawsuit aims to force US citizens and their families, people who have lived in the United States for more than ten years, to continue to live in the shadows. This lawsuit aims to separate American citizens from their spouses and adopted children who are eligible for legal citizenship and can live together abroad process,” said spokesman Angelo Fernández Hernández. “This case is against our nation's values, and we will vigorously defend keeping families together and our ability to make the immigration system fair and just. We will continue to protect our border and enforce our laws, something Congressional Republicans have refused to do time and time again.”

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“Since President Biden announced new, decisive measures to secure the border, the intersection between the ports of entry has fallen significantly – the intersection in July 2024 was the lowest since September 2020 and is the lowest in 2019,” he added.

The states in this case are Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.

Reuters contributed to this report.


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