2024-08-27 16:27:57
Original source: Cuban Newspaper
United States District Judge, based in Texas, J. Campbell Barker issued an order to stop the program for at least 14 days. (Screenshot © Deb Dahlberg-Rowland – YouTube)
A federal judge in Texas temporarily blocked the program parole in effect which began operating in the United States on August 19, promoted by the Joe Biden administration and intended to regularize the immigration status of at least half a million undocumented immigrants.
Called Keeping Families Together, the program was started by the Department of Homeland Security (DHS). Last Monday 19 August so that immigrants who are spouses and stepchildren of US citizens could gain access to US residency without having to leave the country.
— Hamed Aleaziz (@Haleaziz) August 27, 2024
16 Republican states filed lawsuits against the federal government’s action. United States District Judge, based in Texas, J. Campbell Barker issued an order to stop the program for at least 14 days. In those two weeks, both the plaintiffs and the Biden administration will make arguments before the judges in a hearing to analyze the program’s future.
Republican states argue that the implementation of the parole in effect For more than half a million people, it means significant spending for state governments, especially in health, education and security services. These financial arguments were key in Judge Barker’s decision to temporarily block the program. Therefore, the files with the form I-131 received by the United States Citizenship and Immigration Services (USCIS) are pending.
The DHS had defined as requirements to qualify for the benefit that applicants have had a continuous physical presence in the US since June 17, 2014, and celebrated a legally valid marriage to a United States citizen before June 17, 2024. Criminal applicants cannot be disqualified. record or be considered a threat to public safety. In addition, it is necessary to enter biometric data and undergo national security checks.
Why can state judges stop an order from the president of the United States?
The US judicial system is designed with a basic principle: separation of powers. This principle establishes that the federal government is divided into three independent branches – the executive branch, the legislative branch, and the judicial branch – each with its own functions and responsibilities. The idea is that none of the branches has too much power and that each can act as a counterweight to the others.
One of the most important functions of the judiciary is “judicial review,” which is the ability to declare unconstitutional the actions of the executive branch or laws passed by the legislative branch.
When the president issues an executive order or when a government department, such as the Department of Homeland Security, implements a policy, these actions can be challenged in court. Any person or group that believes an order or policy violates the Constitution or any law can file a lawsuit in federal court.
If a judge believes that the order or policy in question may be unconstitutional or illegal, he or she has the power to issue a court order temporarily suspending its implementation until the case is fully resolved . This is what is commonly known as a “suspension order” or “blocking order”. In urgent cases, such as those involving fundamental rights or policies that affect many people, these decisions are often made quickly.
This mechanism ensures that the president and the executive departments cannot act without restrictions and must abide by the laws and the Constitution. If the government disagrees with the judge’s decision, it can appeal to a higher court, and ultimately the case could go all the way to the Supreme Court. This appeals process is another level of control that ensures that judicial decisions are reviewed, affirmed or reversed by higher authorities.
All details in original source: They suspend the ‘parole in force’ program for spouses of US citizens.
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