In a blow to departing President Joe Biden and an estimated half a million individuals eligible under the scheme, a federal judge on Thursday invalidated a policy intended to assist undocumented spouses of US citizens in obtaining legal status.

Days after Donald Trump won the presidency on pledges to crack down on illegal immigration and begin a large deportation campaign, the verdict was made.

Previously suspended due to a court challenge, the “Keeping Families Together” policy let some undocumented immigrants who were married to US citizens to apply for permanent residency without having to leave the country, as was previously necessary.

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Federal agencies “lack statutory authority” for the program, according to a ruling by Judge J. Campbell Barker of the Eastern District of Texas, who was selected by Trump during his first term in office.

At the height of his reelection campaign in June, Biden declared “Keeping Families Together” before withdrawing from the contest the following month.

Trump attacked Biden and Vice President Kamala Harris, who is Democratic, on the campaign trail for the record increase in illegal border crossings over the previous 12 months.

Texas was among a group of Republican-led states that sued to stop the program, claiming it would cost them millions of dollars in public services including police enforcement, healthcare, and education.

The scheme will include an estimated 50,000 stepchildren of US citizens as well as immigrants who have been in the country for at least ten years and were married to a US citizen prior to June 17, 2024.

In August, Judge Barker temporarily suspended the program; however, the stay was later removed by an appeals court.

Although it is unlikely that the next Trump administration would continue to defend Barker’s decision, Biden officials might challenge it.

Harold A. Solis, co-legal director of Make The Road New York, an organisation that supports immigrants, said, “Today’s decision is a deeply disappointing and unjust setback for the families who live every day under the weight of uncertainty.”

Our immigration system is finest when it comes to “Keeping Families Together” and everything that it stands for: stability, opportunity, and family togetherness. Despite the risky choice made today, we must and will continue to advocate for family unity.