Federal Judge Suspends Biden Immigration Program, Leaving Families in Limbo

McALLEN, Texas (AP) — Maria García began the week feeling hopeful. Visiting her attorney’s office in Los Angeles, she submitted the necessary paperwork for the Biden administration’s new immigration policy, which could potentially grant her husband, Roberto, legal residency as the spouse of a U.S. citizen.

However, on Monday, a federal judge in Texas temporarily suspended the program, which could benefit an estimated 500,000 immigrants in the U.S., putting a halt to one of the largest presidential initiatives aimed at easing the path to citizenship in recent years.

“They are hurting American families. We are in limbo,” said Maria Garcia, a 44-year-old U.S. citizen who married Roberto in 2017. “I feel a lot of anger, helplessness. Why block families who have a lifetime here?”

The temporary suspension, issued by U.S. District Judge J. Campbell Barker, came in response to a legal challenge filed by 16 states, led by Republican attorneys general. The lawsuit was filed just days after the program began accepting applications last week. The order, known as an administrative stay, will remain in effect for 14 days but could be extended.

The states argued that the program would cause irreparable harm and accused the administration of bypassing Congress for “blatant political purposes.”

On Tuesday, the Department of Homeland Security (DHS) stated that the government would continue accepting applications and defend the program in court. Individuals whose parole was granted prior to the order will not be affected, according to the department.

DHS did not provide information about the number of applications received or approved or the processing time for cases under the program, officially named Keeping Families Together.

“Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values,” the DHS said in a statement.

Gregory Chen, the director of government relations for the American Immigration Lawyers Association, reported receiving information from association lawyers regarding at least hundreds of people who had applied since the program’s launch on August 19, including some who applied and received approval the following day.

Lawyers are working to understand the implications of the order for their clients. According to Chen, the organization’s listserv for lawyers involved in the Keeping Families Together program “blew up” after the judge’s decision on Monday evening with inquiries about the meaning of the decision.

The organization has held three webinars aimed at educating lawyers about the program. One of these seminars had approximately 1,000 lawyers in attendance, a significantly high number for one of the group’s educational offerings, Chen noted.

“It shows an extremely high level of interest in this program,” Chen said.

Republican Texas Attorney General Ken Paxton, whose office is leading the lawsuit, commended the judge’s order. “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law,” he said in a statement.

Couples like the Garcias are now anxiously awaiting updates on their case.

Roberto Garcia, 37, is the sole member of his family of five who is not a U.S. citizen. He is the primary breadwinner for the family. He arrived after crossing the border in 2009 and has been sending money to his family in Mexico ever since. He owns a construction business in Los Angeles and drives their three children to school, one of whom attends a private Catholic institution. His wife, Maria, was involved in a car accident in 2023 and has undergone three surgeries. She is unable to work and was unable to drive for over a year until recently.

“I didn’t think this was going to happen. It’s very hard,” said Roberto Garcia, referring to the order that halted the parole program. “We are not a priority. It is bad that they play with people’s feelings.”

Eligibility requirements include continuous residency in the country for 10 years, not posing a security threat or having a disqualifying criminal history, and being married as of June 17, the date the program was announced.

Applicants were also required to submit a comprehensive application and pay a $580 submission fee.

Maria Garcia stated that they have spent approximately $3,000 on attorneys to assist them in preparing the necessary documents for the parole-in-place program. The government has stated that it is still accepting applications, even though approvals are currently suspended. However, with the policy on hold and the attorney yet to submit their application, Maria Garcia is reconsidering whether to pay the substantial submission fee.

If approved, applicants have three years to pursue permanent residency. During that period, they can obtain work authorization.

Prior to this program, obtaining a green card after marrying an American citizen was complex for individuals who were illegally in the U.S. They might be required to return to their home country—often for years—and always faced the possibility of being denied re-entry.

Maria Garcia expressed her growing sense of hopelessness and is considering relocating to Mexico, where her husband has his parents and siblings.

“We will never be able to buy a house here,” she said. “Here if you do things wrong, they reward you. If you do things right, they punish you,” she said.

___ Salomon reported from Miami. Associated Press writer Rebecca Santana in Washington contributed to this report.