The "Keeping Families Together" program, a policy created by the Biden administration that offered undocumented immigrants married to U.S. citizens a pathway to legalization and citizenship without the need to leave the United States, has been repealed. The ruling by federal judge J. Campbell Barker, appointed by Donald Trump, declared the program illegal, arguing that it violated U.S. immigration law.

U.S. District Court Judge Barker invalidated the program, agreeing with a lawsuit filed by Republican-led states, including Texas. The justification is that the Biden administration exceeded its authority by allowing undocumented immigrants in the US to apply for parole and green cards without leaving the country, according to a publication by CBS News.

The program had been created by the Biden administration to promote family unity and would benefit undocumented immigrants married to American citizens who have lived in the U.S. for at least 10 years and who have not committed serious crimes. The policy would also allow these immigrants to apply for permanent residency (green card), and after three years, green card holders married to U.S. citizens could apply for citizenship.

It has been estimated that about 500,000 immigrants could benefit from the program and the Biden administration, in its defense, has argued that the policy is essential to prevent family separation, especially in mixed-status households. Some critics (mainly Republicans), according to CBS, argue that the policy amounts to an amnesty for undocumented immigrants, contrary to current immigration laws.

This court decision presents itself as a significant defeat for Biden's immigration agenda, in addition to signaling the potential dismantling of immigration policies during the next Trump administration, which has promised to intensify deportations and militarize the border.

The Justice Department can appeal the decision, but the program faces uncertainty in the face of the imminent change in the presidential administration.

Under current law, immigrants married to U.S. citizens are allowed to obtain green cards, but "requires those who entered the U.S. illegally to leave the country and re-enter legally to be eligible for a green card," according to the publication. However, leaving the U.S. after living in the country illegally for some time can result in a 3- or 10-year exile, leading many families to refrain from pursuing this option.

Biden's policy proposal under discussion would use a measure called "parole" to cancel illegal entry and allow them to stay in the country. The judge concluded that the government does not have the legal authority to grant such mass parole.

The White House criticized the decision, emphasizing that it threatens the stability of American families and forces many people to live in constant fear of deportation.

The repeal of the "Keeping Families Together" program is emblematic of the political and legal clash over immigration in the US. For migrant community advocacy groups, the policy would be a humanitarian solution to protect families and regularize migrants who have been living in the country for years.