Maria García, a 44-year-old U.S. citizen, was optimistic at the beginning of the week as she submitted paperwork for her husband, Roberto, to potentially gain legal residency through the new immigration policy implemented by the Biden administration. However, their hopes were dashed when a federal judge in Texas placed a temporary hold on the program, impacting around 500,000 immigrants in the U.S.
U.S. District Judge J. Campbell Barker’s decision came after 16 states, led by Republican attorneys general, raised a challenge through a federal lawsuit shortly after the program began accepting applications. The pause, known as an administrative stay, will be in effect for at least 14 days.
President Joe Biden expressed his disagreement with the ruling, emphasizing that the program aimed to help families and did not alter immigration law requirements. The Department of Homeland Security announced that despite the court order, applications will still be accepted and the program will be defended in court.
The initiative, named Keeping Families Together, allows U.S. citizens and their family members to live without the fear of separation, according to the DHS. Gregory Chen from the American Immigration Lawyers Association noted a surge in interest in the program and stated that lawyers are seeking clarification on what the court decision means for their clients.
Republican Texas Attorney General Ken Paxton praised the judge’s decision, vowing to continue the legal battle. The program’s implementation requirements include living in the U.S. for 10 years, with no criminal history, and being married by June 17, the program’s announcement date.
Maria Garcia expressed concern about the uncertainty caused by the program’s halt, especially after investing funds in legal assistance for the application process. If approved, applicants under the program have three years to pursue permanent residency and obtain work authorization.
The previous process for obtaining a green card for immigrants illegally residing in the U.S. after marrying a citizen was complex, often requiring individuals to leave the country. Maria Garcia has expressed contemplation of moving to Mexico due to the current uncertainties and challenges they are facing in the U.S.
