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Judge strikes down Biden administration program shielding immigrant spouses from deportation

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Judge strikes down Biden administration program shielding immigrant spouses from deportation
News

News

Judge strikes down Biden administration program shielding immigrant spouses from deportation

2024-11-08 17:14 Last Updated At:17:20

A federal judge on Thursday struck down a Biden administration policy that aimed to ease a path to citizenship for some undocumented immigrants who are married to U.S. citizens.

The program, lauded as one of the biggest presidential actions to help immigrant families in years, allowed undocumented spouses and stepchildren of U.S. citizens to apply for a green card without first having to leave the country.

The temporary relief from deportation brought a brief sense of security to some 500,000 immigrants estimated to benefit from the program before Texas-based U.S. District Judge J. Campbell Barker put it on hold in August, days after applicants filed their paperwork.

Barker ruled Thursday that the Biden administration had overstepped its authority by implementing the program and had stretched the legal interpretation of relevant immigration law “past its breaking point.”

The short-lived Biden administration initiative known as “Keeping Families Together” would have been unlikely to remain in place after Donald Trump took office in January. But its early termination creates greater uncertainty for immigrant families as many are bracing for Trump's return to the White House.

Trump's election victory this week sets the stage for a swift crackdown on undocumented individuals after the Republican ran on promises of “mass deportation.” The president-elect energized his supporters on the campaign trail with a litany of anti-immigrant statements, including that immigrants were “poisoning the blood” of the nation.

During his first term, Trump appointed Barker as a judge in Tyler, Texas, which lies in the 5th U.S. Circuit Court of Appeals, a favored venue for advocates pushing conservative arguments.

Barker had placed the immigration initiative on hold after Texas and 15 other states, led by their Republican attorneys general, filed a legal challenge accusing the executive branch of bypassing Congress to help immigrant families for “blatant political purposes.”

Republicans argued the initiative created costs for their states and could draw more migrants to the U.S.

The policy would have applied to people who have been living continuously in the U.S. for at least 10 years, do not pose a security threat and have utilized the existing legal authority known as “parole in place” that offers deportation protections.

Those married to a citizen by June 17, the day before the program was announced, could pay a $580 application fee and fill out a lengthy application explaining why they deserve humanitarian parole. If approved, applicants would have three years to seek permanent residency and obtain work authorization.

It was not immediately clear Thursday whether anyone had received approval under the program, which only accepted applications for about a week before the judge placed it on hold.

Noncitizen spouses are already eligible for legal status but often have to apply from their home countries. The process typically includes a years-long wait outside of the U.S., which can separate family members with different immigration statuses.

FILE - President Joe Biden talks with the U.S. Border Patrol and local officials, as he looks over the southern border, Feb. 29, 2024, in Brownsville, Texas, along the Rio Grande. (AP Photo/Evan Vucci, File)

FILE - President Joe Biden talks with the U.S. Border Patrol and local officials, as he looks over the southern border, Feb. 29, 2024, in Brownsville, Texas, along the Rio Grande. (AP Photo/Evan Vucci, File)

NEW ORLEANS (AP) — The FBI now says the New Orleans truck attacker acted alone in an “act of terrorism” when he drove a pickup truck into a crowd of New Year’s revelers early Wednesday, killing 15 people. The driver had posted videos on social media hours before the carnage saying he was inspired by the Islamic State group and expressing a desire to kill, President Joe Biden said.

The FBI identified the driver as 42-year-old Shamsud-Din Bahar Jabbar.

Officials have not yet released the names of the people killed in the attack, but their families and friends have started sharing their stories. About 30 people were injured.

Here is the latest:

“The city of New Orleans, we’re resilient,” New Orleans Mayor Latoya Cantrell said.

“The confidence is there to reopen Bourbon Street to the public before game time today,” Cantrell added.

The FBI obtained surveillance video of Shamsud Din Jabbar placing the explosive devices where they were found, said Christopher Raia, deputy assistant director of the FBI’s counter-terrorism division.

The FBI also found “no definitive link” between the New Orleans attack and the Tesla Cybertruck explosion outside a Trump hotel in Las Vegas.

The FBI has received more than 400 tips from the public, some from New Orleans and others from other states, Christopher Raia, deputy assistant director of the FBI’s counter-terrorism division, said at a news conference on Thursday.

U.S. President Joe Biden said Wednesday evening the FBI was looking into whether an explosion outside a Las Vegas hotel owned by President-elect Donald Trump was connected to the New Orleans attack.

Fireworks and camp fuel canisters were found in a Tesla Cybertruck that blew up outside the Trump International Hotel early Wednesday, killing a suspect inside the vehicle.

The person who died in the explosion was an active-duty U.S. Army soldier who spent time at the base formerly known as Fort Bragg, three U.S. officials told The Associated Press on Thursday. The officials also spoke on the condition of anonymity because they were not authorized to disclose details of his service.

The truck explosion came hours after a driver, 42-year-old Shamsud-Din Bahar Jabbar, rammed a truck into a crowd in New Orleans. Jabbar, a U.S. Army veteran, also spent time at Fort Bragg, a massive Army base in North Carolina that is home to Army special forces command. An official told the AP that there is no apparent overlap in their assignments there.

The investigation so far has not shown the incidents are related, and authorities don’t think the men knew each other, two law enforcement officials said. The officials were not authorized to discuss details of the investigation publicly and spoke on condition of anonymity.

▶ Read more about the Las Vegas Cybertruck explosion

The FBI says it recovered the black banner of the Islamic State group from the truck that smashed into New Year’s partygoers. The investigation is expected to look in part at any support or inspiration that driver Shamsud-Din Jabbar may have drawn from that violent Middle East-based group or from any of at least 19 affiliated groups around the world.

Routed from its self-proclaimed caliphate in Syria and Iraq by a U.S. military-led coalition more than five years ago, IS has focused on seizing territory in the Middle East more than on staging massive al-Qaida-style attacks on the West.

But in its home territory, IS has welcomed any chance to behead Americans and other foreigners who come within its reach. The main group at peak strength claimed a handful of coordinated operations targeting the West, including a 2015 Paris plot that killed 130 people. It has had success, although abated in recent years, in inspiring people around the world who are drawn to its ideology to carry out ghastly attacks on innocent civilians.

▶ Read more about IS and what attacks it has inspired

Louisiana Governor Jeff Landry will be joined at the news conference by officials from the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Attorney’s Office, the Louisiana State Police and the New Orleans Police Department.

The conference is scheduled to begin around 10:15 a.m. CST.

“The Superdome is completely secure,” Louisiana Gov. Jeff Landry said on Fox News. “Again, the FBI continues to pour resources into the state.”

Landry said he plans to attend Thursday afternoon’s college football playoff game between the University of Georgia and the University of Notre Dame.

“We need not let fear paralyze us,” Landry added. “That’s the problem in this country. When we do that, the terrorists win.”

ROME — A telegram of condolences, addressed to Archbishop Gregory Aymond, said Francis was saddened to learn of the attack in New Orleans and was spiritually close to the city.

Francis “prays for healing and consolation of the injured and bereaved,” said the telegram, which was signed by the Vatican secretary of state, Cardinal Pietro Parolin.

Separately, Italian President Sergio Mattarella also sent condolences to President Joe Biden, whom he will see during Biden’s visit to Rome next week, saying all of Italy was mourning the loss of life.

“At this time of sorrow for the American people, I would like to reaffirm the firm resolve of the Italian Republic to oppose in the strongest terms all forms of terrorism, on the basis of those values of civilization, democracy and respect for human life that have always been shared with the United States,” he said in a statement.

The College Football Playoff quarterfinal at the Sugar Bowl between Georgia and Notre Dame was postponed by a day because of the truck attack, which unfolded about a mile away.

The game, originally scheduled for 7:45 p.m. CST at the 70,000-seat Superdome on Wednesday, was pushed back to 3 p.m. Thursday. The winner advances to the Jan. 9 Orange Bowl against Penn State.

“Public safety is paramount,” Sugar Bowl CEO Jeff Hundley said at a media briefing alongside federal, state and local officials, including Louisiana Gov. Jeff Landry and New Orleans Mayor LaToya Cantrell. “All parties all agree that it’s in the best interest of everybody and public safety that we postpone the game.”

The decision to postpone the game meant numerous traveling fans with tickets would not be able to attend. Ticket prices online plummeted in some cases to less than $25 as fans with plans to depart on Thursday tried to unload them.

The Superdome was on lockdown for security sweeps on Wednesday morning. Both teams spent most of the day in their hotels, holding meetings in ballrooms.

▶ Read more about the decision to postpone the Sugar Bowl

Officials have not yet released the names of the 15 people killed in the New Orleans New Year’s Day truck attack, but their families and friends have started sharing their stories.

Here’s a look at some of what we know:

▶ Read more about the victims of the New Orleans truck attack

Authorities say the driver of a pickup truck sped through a crowd of pedestrians gathered in New Orleans’ bustling French Quarter district early on New Year’s Day, killing at least 15 people and injuring about 30 others. The suspect was killed in a shootout with police.

The FBI is investigating the attack as an act of terrorism and said it does not believe the driver acted alone.

Wednesday’s attack unfolded on Bourbon Street, known worldwide as one of the largest destinations for New Year’s Eve parties. Large crowds had also gathered in the city ahead of the College Football Playoff quarterfinal at the Sugar Bowl, which had been scheduled for later Wednesday at the nearby Superdome. The game was postponed until Thursday afternoon following the attack.

▶ Catch up on what we know about the New Orleans truck attack

Security and bomb sniffing dogs check vehicles as they enter the Superdome parking garage ahead of the Sugar Bowl NCAA College Football Playoff game, Thursday, Jan. 2, 2025, in New Orleans. (AP Photo/Butch Dill)

Security and bomb sniffing dogs check vehicles as they enter the Superdome parking garage ahead of the Sugar Bowl NCAA College Football Playoff game, Thursday, Jan. 2, 2025, in New Orleans. (AP Photo/Butch Dill)

Security with bomb sniffing dogs patrol the area around the Superdome ahead of the Sugar Bowl NCAA College Football Playoff game, Thursday, Jan. 2, 2025, in New Orleans. (AP Photo/Butch Dill)

Security with bomb sniffing dogs patrol the area around the Superdome ahead of the Sugar Bowl NCAA College Football Playoff game, Thursday, Jan. 2, 2025, in New Orleans. (AP Photo/Butch Dill)

Military personnel walk down Bourbon street, Thursday, Jan. 2, 2025 in New Orleans. (AP Photo/George Walker IV)

Military personnel walk down Bourbon street, Thursday, Jan. 2, 2025 in New Orleans. (AP Photo/George Walker IV)

A state trooper stands by New Orleans' Canal and Bourbon streets, Thursday, Jan. 2, 2025. (AP Photo/George Walker IV)

A state trooper stands by New Orleans' Canal and Bourbon streets, Thursday, Jan. 2, 2025. (AP Photo/George Walker IV)

EDS NOTE: GRAPHIC CONTENT - Emergency personnel work the scene on Bourbon Street after a vehicle drove into a crowd on New Orleans' Canal and Bourbon Street, Wednesday Jan. 1, 2025. (AP Photo/Gerald Herbert)

EDS NOTE: GRAPHIC CONTENT - Emergency personnel work the scene on Bourbon Street after a vehicle drove into a crowd on New Orleans' Canal and Bourbon Street, Wednesday Jan. 1, 2025. (AP Photo/Gerald Herbert)

The FBI investigates the area on Orleans St and Bourbon Street by St. Louis Cathedral in the French Quarter where a suspicious package was detonated after a person drove a truck into a crowd earlier on Bourbon Street on Wednesday, Jan. 1, 2025. (AP Photo/Matthew Hinton)

The FBI investigates the area on Orleans St and Bourbon Street by St. Louis Cathedral in the French Quarter where a suspicious package was detonated after a person drove a truck into a crowd earlier on Bourbon Street on Wednesday, Jan. 1, 2025. (AP Photo/Matthew Hinton)

Matthias Hauswirth of New Orleans prays on the street near the scene where a vehicle drove into a crowd on New Orleans' Canal and Bourbon streets, Wednesday, Jan. 1, 2025. (AP Photo/George Walker IV)

Matthias Hauswirth of New Orleans prays on the street near the scene where a vehicle drove into a crowd on New Orleans' Canal and Bourbon streets, Wednesday, Jan. 1, 2025. (AP Photo/George Walker IV)

A bouquet of flowers stands at the intersection of Bourbon Street and Canal Street during the investigation after a pickup truck rammed into a crowd of revelers early on New Year's Day, Wednesday, Jan. 1, 2025, in New Orleans. (AP Photo/Matthew Hinton)

A bouquet of flowers stands at the intersection of Bourbon Street and Canal Street during the investigation after a pickup truck rammed into a crowd of revelers early on New Year's Day, Wednesday, Jan. 1, 2025, in New Orleans. (AP Photo/Matthew Hinton)

An officer walks along Conti Street after a vehicle drove into a crowd on New Orleans' Canal and Bourbon streets, Wednesday, Jan. 1, 2025. (AP Photo/George Walker IV)

An officer walks along Conti Street after a vehicle drove into a crowd on New Orleans' Canal and Bourbon streets, Wednesday, Jan. 1, 2025. (AP Photo/George Walker IV)

Law enforcement officers stand behind a SWAT vehicle near a location in Houston, Texas, Wednesday, Jan. 1, 2025, where police personnel investigate the place suspected to be associated with an attacker in a deadly rampage in New Orleans. (Brett Coomer/Houston Chronicle via AP)

Law enforcement officers stand behind a SWAT vehicle near a location in Houston, Texas, Wednesday, Jan. 1, 2025, where police personnel investigate the place suspected to be associated with an attacker in a deadly rampage in New Orleans. (Brett Coomer/Houston Chronicle via AP)

Investigators work the scene after a person drove a vehicle into a crowd earlier on Canal and Bourbon Street in New Orleans, Wednesday, Jan. 1, 2025. (AP Photo/Gerald Herbert)

Investigators work the scene after a person drove a vehicle into a crowd earlier on Canal and Bourbon Street in New Orleans, Wednesday, Jan. 1, 2025. (AP Photo/Gerald Herbert)

Neighbors stand and watch outside the police lines surrounding a location in Houston, Texas, Wednesday, Jan. 1, 2025, where police personnel investigate the place suspected to be associated with an attacker in a deadly rampage in New Orleans. (Brett Coomer/Houston Chronicle via AP)

Neighbors stand and watch outside the police lines surrounding a location in Houston, Texas, Wednesday, Jan. 1, 2025, where police personnel investigate the place suspected to be associated with an attacker in a deadly rampage in New Orleans. (Brett Coomer/Houston Chronicle via AP)

Police officers stand near the scene where a vehicle drove into a crowd on New Orleans' Canal and Bourbon streets, Wednesday, Jan. 1, 2025. (AP Photo/George Walker IV)

Police officers stand near the scene where a vehicle drove into a crowd on New Orleans' Canal and Bourbon streets, Wednesday, Jan. 1, 2025. (AP Photo/George Walker IV)

Neighbors embrace as they stand outside the police lines surrounding a location in Houston, Texas, Wednesday, Jan. 1, 2025, where police personnel investigate the place suspected to be associated with an attacker in a deadly rampage in New Orleans. (Brett Coomer/Houston Chronicle via AP)

Neighbors embrace as they stand outside the police lines surrounding a location in Houston, Texas, Wednesday, Jan. 1, 2025, where police personnel investigate the place suspected to be associated with an attacker in a deadly rampage in New Orleans. (Brett Coomer/Houston Chronicle via AP)

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