A recent ruling by U.S. District Judge John Campbell Barker dealt a significant blow to the Biden administration’s “parole in place” program, a policy that would have allowed hundreds of thousands of undocumented immigrants married to American citizens, as well as their stepchildren, to pursue legal status.
In a ruling on Thursday, Judge Barker, a Trump-appointed judge, found the program to be in violation of federal immigration law. His decision, spurred by a lawsuit from a coalition of 16 Republican-led states, ultimately blocked the program from going into effect.
The Biden administration announced this “parole in place” policy back in June, touting it as a means to address immigration complications for families with mixed legal statuses. The Department of Homeland Security estimated that approximately 550,000 undocumented immigrants could potentially benefit from the program, but critics argued the actual numbers could be much higher.
Opponents of the program, including states like Texas, Florida, and Missouri, contended that the administration overstepped its bounds, implementing a policy without Congressional approval that, in their view, amounted to a form of unauthorized amnesty.
In his ruling, Judge Barker stated that the Department of Homeland Security (DHS) lacked the statutory authority to grant such broad-based parole to undocumented immigrants.
The judge’s reasoning was clear: while the administration’s goal may have been to streamline the status of immigrant families, it could not bypass established immigration law. This decision reinforces the legal argument that immigration policy changes of this scale require Congressional oversight and approval.
Missouri Attorney General Andrew Bailey voiced his frustration, claiming the Biden administration’s actions have only worsened what many conservatives consider a “border crisis.” He argued that state-level intervention was necessary due to what he views as the federal government’s failure to address security concerns at the southern border.
Echoing these sentiments, Gene Hamilton, executive director of America First Legal, described the parole program as an attempt to usher in “the largest administrative amnesty in American history,” a claim that has energized conservative opposition to the program.
This program was a hot-button issue in the recent election cycle, with President-elect Donald Trump frequently criticizing it on the campaign trail. In a speech in Wisconsin, Trump argued that Biden’s plan lacked both legal and popular support. He promised to dismantle the policy on “day one” of his new term, adding that he intends to enforce stricter immigration controls, including what he describes as the largest deportation initiative in American history.