On Thursday, a federal judge invalidated a Biden administration initiative aimed at providing unauthorised immigrants married to U.S. citizens with a legal status pathway and an expedited route to U.S. citizenship. U.S. District Judge J. Campbell Barker, a Trump appointee, ruled the program illegal, siding with a lawsuit brought by Texas and over a dozen other Republican-led states.

This decision deals a significant blow to the Biden administration's efforts. The policy, named "Keeping Families Together," was designed to support family unity in mixed-status households. When launched earlier this year, officials estimated that around half a million undocumented immigrants could benefit from the program.

The Justice Department can appeal Thursday's ruling, though the ‘Keeping Families Together’ program is expected to face renewed scrutiny from the incoming Trump administration, which has pledged to dismantle President Biden's immigration policies. Trump has also vowed to secure and militarise the U.S.-Mexico border and execute the largest mass deportation effort in U.S. history. The White House and the Department of Homeland Security did not immediately respond to requests for comment.

President Biden introduced the ‘Keeping Families Together’ initiative in June, shortly after implementing a separate executive action to significantly restrict asylum at the U.S.-Mexico border. This program was designed to provide work permits and protection from deportation for undocumented immigrants who are married to U.S. citizens and have lived in the country for at least 10 years without serious criminal offences.

A key feature of the policy was that it would allow these individuals to apply for permanent residency or green cards. After three years, green card holders married to U.S. citizens could then apply for U.S. citizenship.

Under U.S. immigration law, immigrants married to American citizens are eligible for a green card, but those who entered the country illegally must typically leave and re-enter lawfully to qualify. However, leaving after an unlawful stay often triggers a 3- or 10-year reentry ban, leading many families to avoid this route.

The Biden administration's program sought to address this by allowing eligible immigrants to apply for a green card without leaving the country. It did so by granting them "parole," an immigration benefit that effectively negates their illegal entry. In his ruling, Judge Campbell Barker stated that the Biden administration lacked the legal authority to grant parole to unauthorised immigrants already within the U.S.