Federal judge rejects Biden immigration policy protecting select undocumented spouses of US citizens from deportation

WASHINGTON — A federal judge on Thursday rejected the Biden administration’s “parole” policy that gave legal status to some undocumented people married to U.S. citizens.

U.S. District Judge J. Campbell Barker had previously taken administrative action against the regulation, which was put in place earlier this year when President Joe Biden was running for re-election; The judge was considering a lawsuit filed by Texas and 15 other states. The policy protected selected undocumented spouses of U.S. citizens from deportation and allowed them to work in the country legally while seeking citizenship.

Barker, who was appointed by President-elect Donald Trump during his first term, said in his ruling on the merits of the case Thursday that Congress did not give the executive branch the authority to implement such a policy. He wrote that “date and intent confirm that defendants’ views on relevant immigration law stretched legal interpretation beyond the breaking point.”

The case is one of several ongoing legal challenges to the Biden administration’s policies that the incoming Trump administration may refuse to defend after the White House changes hands.

Barker rejected a request from the program’s beneficiaries to intervene in the case so they too could defend the policy.

The policy would apply to people who have lived in the United States for 10 years and are using an existing legal authority known as “parole” that provides protection from deportation. The policy will apply to spouses as well as undocumented stepchildren of U.S. citizens.

It was estimated that the program could directly affect 750,000 to 800,000 people, CNN previously reported. That would make it the federal government’s most comprehensive aid program since the 2012 implementation of the Deferred Action for Childhood Arrivals program (DACA), which protects undocumented immigrants brought to the United States as minors from deportation.

DACA itself is now the target of years of legal battles. Earlier this fall, an appeals court heard arguments over a judge’s decision that found the DACA program illegal but allowed the program to continue for current enrollees until the appeal period expires.

This story has been updated with additional details.

CNN’s Kevin Liptak, Lauren Fox, Edward-Isaac Dovere and Priscilla Alvarez contributed to this report.