Judge Halts U.S. Program for Spouses, Leaving Immigrant Families in Limbo

Following President Joe Biden’s announcement this summer regarding a new pathway to citizenship for immigrant spouses, Oscar Silva was eager to apply. The 23-year-old was thrilled to receive confirmation via email about his biometric exam appointment on Monday. However, his excitement was short-lived when he learned that a federal judge in Texas had issued a temporary suspension of the program, which affects an estimated 500,000 immigrants across the country.

The sudden halt has left Silva feeling uncertain. He arrived in the U.S. as a baby and now lives in Texas with his wife, Natalie, an American citizen. “I don’t know what is going to happen,” he expressed, reflecting widespread concern among other applicants and immigration attorneys after the ruling from U.S. District Judge J. Campbell Barker.

Since the launch of the Biden administration’s “Keeping Families Together” program, which began accepting applications only last week, many families are now grappling with feelings of confusion and frustration. Couples who have already submitted their applications find themselves in a state of limbo, while others contemplate whether to proceed given the ongoing legal battle spearheaded by Republican states contesting the initiative.

Participants in the program are required to pay a processing fee of $580. In light of Barker’s ruling, the Florida Immigrant Coalition has advised individuals to consider their alternatives and make informed choices for their families.

Barker’s order followed a lawsuit filed by 16 states led by Republican attorneys general, a legal action taken just days after the program commenced. This administrative stay is set to last for 14 days but could potentially be extended, ramping up the tension for families seeking clarity on their immigration status.

In response to the ruling, President Biden asserted that the decision was misguided, emphasizing that families should not be divided needlessly. The states involved in the lawsuit have claimed the program would inflict irreversible harm and accused the administration of circumventing Congress for political reasons.

Ken Paxton, Texas’s Attorney General, supported the ruling, stating that “This is just the first step. We are going to keep fighting for Texas, our country, and the rule of law.”

Meanwhile, the Department of Homeland Security has announced its intention to continue processing applications and defending the program in court. According to the department, those who were granted parole before the judge’s order will not be affected by the ruling.

Silva and his wife are once again faced with the anxiety of possible separation. In the traditional green card application process, undocumented spouses in the U.S. may be forced to return to their home countries for extended periods, raising fears about re-entry chances. “We thought this was finally our opportunity to go through this process together without the fear of being separated for ten years,” Silva said, expressing his heartbreak over the situation.

Immigration attorney Laura Flores-Perilla has stated that it is “really unclear” what implications the judge’s decision will have on pending appointments. The impact of this temporary pause has been profound, she noted.

Gregory Chen, the director of government relations at the American Immigration Lawyers Association, indicated that numerous applicants reached out following the program’s launch, with many receiving approval within a day of applying. The number of queries flooding inquiries from lawyers seeking clarity following the judge’s decision reflects the disruption caused by the legal actions.

Multiple online seminars aimed at educating attorneys about the program have seen record attendance, illustrating the heightened interest and urgency among legal professionals over the situation.

Roberto García, who recently paid a substantial fee to an attorney to assist with his application, is now in a dilemma about whether to move forward with the process that is presently on hold. “I didn’t think this was going to happen. It’s very hard,” he remarked, indicating the emotional toll of the situation.

As the sole provider for his family of five, Garcia’s income is vital, and he is also financially supporting family back home in Mexico. If granted, successful applicants are permitted a three-year period to seek permanent residency and can apply for work authorization during this time. However, Maria García is beginning to lose hope, contemplating the possibility of moving to Mexico where family is more accessible. “Here if you do things wrong, they reward you. If you do things right, they punish you,” she lamented, highlighting the frustrations faced under the current immigration system.