News Americas, NEW YORK, NY, Tues. August 27, 2024: A Donald Trump appointed federal judge in Texas has temporarily halted a Biden administration program that sought to pave a path to legalization for up to half a million undocumented immigrants married to U.S. 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, pausing the approval of applications for the program, which had just begun accepting submissions 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, seeks to ease the legalization process for undocumented immigrants who have been in the U.S. for over 10 years and are married to American citizens. Under current law, such individuals must return to their home countries to complete the green card process, often resulting in long separations from their families. The new initiative allows them to stay in the U.S. while their applications are processed, offering a form of “parole” that shields them from deportation and grants work authorization.
Republican states leading the lawsuit argue that the program amounts to an “amnesty” for undocumented immigrants and could negatively impact state resources. Texas Attorney General Ken Paxton spearheaded the complaint, which echoes ongoing Republican criticisms of the administration’s immigration policies.
Immigrant advocacy groups swiftly condemned the ruling, with Rebecca Shi, executive director of the American Business Immigration Coalition, calling it detrimental to the economy and harmful to families who have been in the U.S. for decades. Legal-aid organizations assisting applicants have reported high demand, with thousands of people seeking help in the program’s first week.
The suspension will remain in place for 14 days while both sides submit 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 51–47 vote in the senate after he was nominated on January 23, 2018, by then President Donald Trump to the seat on the United States District Court for the Eastern District of Texas vacated by Judge Leonard Davis. He received his judicial commission on May 3, 2019. His other notable rulings include on February 25, 2021, when he struck down the Centers for Disease Control and Prevention’s federal eviction moratorium.
On March 9, 2024, Barker also vacated the National Labor Relations Board’s final rule on joint-employer status, issued in October 2023, that was set to be in effect 3 days later. He had previously stayed the rule until the 11th.
Prior to taking the bench, Judge Barker served as Deputy Solicitor General of Texas, arguing appeals and public-law cases for the State. Before his state-government 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 DOJ’s Criminal Division. While there, he taught appellate advocacy at the National Advocacy Center, completed a Pegasus Scholarship with the English Inns of Court, and served on detail as a Special Assistant U.S. Attorney in the Eastern District of Virginia. Judge Barker served as a law clerk to Judge William Bryson on the Federal Circuit and Chief Judge John Walker on the Second Circuit. He earned his B.S. in computer engineering summa cum laude from Texas A&M and his J.D. from the University of Texas, where he graduated first in his class.