Uncertainty returns for immigrant spouses in US after judge pauses Biden's new immigration policy

Immigration attorneys say families are in limbo after a federal judge in Texas paused a Biden administration program that would provide immigrant spouses of U.S. citizens a pathway to citizenship

Maria García began the week full of hope. Swinging by the office of her attorney in Los Angeles, she dropped off required paperwork for the Biden administration's new immigration policy that could finally give her husband, Roberto, legal residency as the spouse of an American citizen.

But only hours later Monday, that dream was interrupted when a federal judge in Texas temporarily suspended the program that could benefit an estimated 500,000 immigrants in the U.S., freezing in place one of the biggest presidential actions to ease a path to citizenship in 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 pause issued by U.S. District Judge J. Campbell Barker came in response to a challenge by 16 states, led by Republican attorneys general, who filed a federal lawsuit just days after the program began taking applications last week. The order, known as as administrative stay, will be in place for 14 days but could be extended.

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

On Tuesday, the Department of Homeland Security said the government would continue to take applications and defend the program in court. Any applicants whose parole was granted prior to the order will be unaffected, according to the department.

DHS did not respond to questions about how many applications were received or approved or how long it takes to determine the outcome of a case under the program, which the government 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, said he had heard from lawyers affiliated with the association of at least hundreds of people who had applied since the program was launched August 19, including some who applied and were approved the next day.

Lawyers are rushing to understand what the order means for their clients, too. According to Chen, the organization’s listserv for lawyers interested in the Keeping Families Together program “blew up” after the judge’s decision late Monday with questions about what the decision means.

The organization has held three webinars designed to educate lawyers about the program. One of those seminars had about 1,000 lawyers in attendance, an extremely high number for one of the group’s educational offerings, Chen said.

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

Republican Texas Attorney General Ken Paxton, whose office is helping lead the lawsuit, applauded 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 hanging on to every update on their case.

Roberto Garcia, 37, is the only one in the family of five who is not a U.S. citizen, but he is the sole provider for all of them. He arrived after crossing the border in 2009 and since then he has send money to his family in Mexico. He has a construction business in Los Angeles and drives their three children to school, one of whom receives a private Catholic education. His wife, Maria, was in a car accident in 2023 and has had three surgeries. She cannot work and wasn’t able to even drive for more than 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 continuously living in the country for 10 years, not posing a security threat or having a disqualifying criminal history and to have been married as of June 17, the announcement date of the program.

Applicants also had to submit a lengthy application and pay a $580 submission fee.

Maria Garcia said that they have paid about $3,000 to attorneys who have helped them to prepare all the documents requested to apply for the parole-in-place program. The government has said that it is still receiving the applications, even though they cannot approve them. But since the policy is on hold and the attorney did not submit their application yet, Maria Garcia said she is thinking twice before paying the hefty submission fee.

If approved, applicants have three years to seek permanent residency. During that period, they can get a work authorization.

Before this program, it was complicated for people who were in the U.S. illegally to get a green card after marrying an American citizen. They can be required to return to their home country — often for years — and they always face the risk they may not be allowed back in.

Maria Garcia said she is losing hope and considering moving to Mexico, where her husband has his parents and brothers.

“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.