A US judge on Wednesday left in place a temporary block on a Biden administration legalisation programme for immigrant spouses of US citizens.
The decision by Texas-based US District Judge J. Campbell Barker maintains a pause on the programme through September 23 to allow for legal briefing and a possible hearing.
US President Joe Biden’s administration opened applications last month for the Keeping Families Together programme, which offers a path to citizenship to around 500,000 immigrants who entered the US illegally if they are married to US citizens.
Texas and a coalition of US states with Republican attorneys-general sued to end the Biden programme, saying it overstepped the executive branch’s authority to grant legal immigration status to people who entered unlawfully and circumvented US immigration law.
Biden announced the initiative in June before dropping out of the presidential race against Republican Donald Trump, paving the way for Vice-President Kamala Harris to become the Democratic nominee.
Immigration is a top voter concern heading into the November 5 election, Reuters/Ipsos polling shows.
Keeping Families Together provides a path to citizenship to immigrant spouses who entered the US illegally and have at least 10 years of residence. Without this option, many would need to leave the US for years before being able to return legally.
The programme also allows some 50,000 children under age 21 with a US-citizen parent to obtain temporary “parole” status that creates a path to citizenship.
America First Legal, an organisation led by Trump adviser Stephen Miller, served as co-counsel in the lawsuit alongside Texas and 15 other states with Republican attorneys-general.