McALLEN, Texas (AP) — Maria García began the week full of hope, stopping by her lawyer’s office in Los Angeles to drop off the paperwork needed for the Biden administration’s modern immigration policy that could finally give her husband, Roberto, legal residency as the spouse of an American citizen.
But just hours later, on Monday, that dream was shattered when a federal judge in Texas temporarily suspended the program, which could benefit about 500,000 immigrants in the U.S., putting one of the president’s biggest moves to facilitate naturalization in years on hold.
“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 and helplessness. Why are they blocking families who have spent their whole lives here?”
The stay, issued by U.S. District Judge J. Campbell Barker, came in response to a lawsuit filed by 16 states led by Republican attorneys general who filed suit in federal court just days after the program began accepting applications last week. The order, known as an administrative stay, is in effect for 14 days but could be extended.
“This ruling is wrong. These families should not be needlessly separated,” President Joe Biden said in a statement Monday. “Nothing I did changed the requirements people must meet to adjust their status under immigration law. All I did was allow these longtime residents to file the paperwork here – along with their families,” Biden added.
The states claimed the move would cause irreparable harm and accused the government of bypassing Congress for “blatant political purposes.”
On Tuesday, the Department of Homeland Security said the government would continue to accept applications and defend the program in court. Applicants who were granted parole before the order were not affected, the department said.
DHS did not respond to questions about how many applications have been received or approved or how long it takes to adjudicate a case under the program the government calls Keeping Families Together.
“Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, which is consistent with core American values,” DHS said in a statement.
Gregory Chen, director of government relations for the American Immigration Lawyers Association, said he had heard from lawyers associated with the association that at least hundreds of people had applied since the program launched on Aug. 19, including some whose applications were approved the next day.
Lawyers are also trying to understand what the decision means for their clients. Chen said the organization’s mailing list for lawyers interested in the Keeping Families Together program exploded with questions about what the decision means after the judge’s ruling tardy Monday.
The organization has held three webinars to educate lawyers about the program. One of those seminars was attended by about 1,000 lawyers, 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.
Texas Republican Attorney General Ken Paxton, whose office is leading the lawsuit, welcomed the judge’s decision. “This is just the first step. We will continue to fight for Texas, our country and the rule of law,” he said in a statement.
Couples like the Garcias now eagerly await any 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 breadwinner for all of them. He crossed the border into Mexico 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 is receiving a private Catholic education. His wife, Maria, was in a car accident in 2023 and has had three surgeries. She cannot work and, until recently, could not even drive for over a year.
“I didn’t think this would happen. It’s very harsh,” Roberto Garcia said of the order halting the parole program. “We are not a priority. It’s bad that they play with people’s emotions.”
Eligibility requirements include that participants have lived in the country continuously for 10 years, do not pose a security threat or have a disqualifying criminal history, and be married by June 17, the program’s announcement date.
In addition, applicants had to submit a detailed application and pay a filing fee of $580.
Maria Garcia said they paid about $3,000 to lawyers who helped them prepare all the necessary documents to apply for the parole program. The government has said it continues to receive applications even if it cannot approve them. But since the policy is on hold and the lawyer has not yet submitted the application, Maria Garcia said she is thinking twice before paying the high application fee.
If approved, applicants have three years to apply for lasting residency, during which time they can obtain a work permit.
Before this program, people who were in the United States illegally had a arduous time obtaining a green card after marrying an American citizen. They might have to return to their home country – often for years – and they always had to live with the risk of being denied entry.
Maria Garcia said she was losing hope and was considering moving to Mexico, where her husband has his parents and brothers.
“We’ll never be able to buy a house here,” she said. “If you do something wrong here, you’re rewarded. If you do something right, you’re punished,” she said.
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Salomon reported from Miami. Associated Press writer Rebecca Santana in Washington contributed to this report.
