Judge Strikes Down Federal Rule Protecting Illegal Immigrants Married to US Citizens

The federal judge ruled that DHS lacks the authority to offer ‘parole in place’ to illegal immigrant spouses of U.S. citizens.

More than 1,000 illegal immigrants line up to be processed by U.S. Border Patrol agents after crossing the Rio Grande from Mexico in Eagle Pass, Texas, on Dec. 18, 2023. John Moore/Getty Images

A Texas federal judge on Thursday struck down a Department of Homeland Security’s (DHS) rule that allows illegal immigrant spouses of U.S. citizens to apply for residency.

The ruling sets aside a “parole in place” process announced in August that would have meant the illegal immigrant spouses of U.S. citizens could apply for legal status and temporarily remain in the United States. If approved, they could then pursue a green card and, eventually, U.S. citizenship, if they met certain eligibility criteria.