Oscar Silva hurried to apply after President Joe Biden announced this summer a new pathway to citizenship for immigrant spouses. He was thrilled to receive an email on Monday confirming his appointment for the necessary biometric screening.
Hours later, Silva received shocking news: a federal judge in Texas had temporarily suspended the program that had the potential to benefit around 500,000 immigrants in the United States. This decision effectively halted one of the most significant presidential actions aimed at facilitating a pathway to citizenship in recent years.
“I’m uncertain about what the future holds,” Silva expressed his concerns on Tuesday. Having come to the United States as a young child, the 23-year-old college student now resides in Texas with his wife, Natalie. Natalie, an American citizen, supports their family as a high school teacher.”
Since the start of the Biden administration’s “Keeping Families Together” program, families and immigration attorneys have been facing a growing sense of confusion, uncertainty, and frustration. This comes in the wake of U.S. District Judge J. Campbell Barker’s order, which has left couples who have already applied in limbo. Meanwhile, those who have yet to apply must now contemplate whether to wait for the resolution of the Republicans’ court challenge against the program.
Applicants are required to submit a processing fee of $580. In response to Barker’s order, the Florida Immigrant Coalition is urging individuals to carefully consider their options and make the decision that is most beneficial for their families.
A court order has been issued in response to a legal challenge by 16 states, primarily led by Republican attorneys general. The lawsuit was filed shortly after the program started accepting applications on August 19th. The court order, known as an administrative stay, will remain in effect for 14 days, with the possibility of extension.
In a statement, Biden expressed his disagreement with the ruling, stating that it is incorrect and that these families should not be unnecessarily torn apart.
The states argued that the action would result in significant and irreversible damage, and they accused the administration of circumventing Congress for clear political gain.
Republican Texas Attorney General Ken Paxton expressed his approval of the order, emphasizing that this is only the initial stage of their ongoing fight for Texas, the nation, and the principles of the rule of law.
The Department of Homeland Security announced on Tuesday that it will continue to accept applications for the program and will also provide legal defense. Those who have already been granted parole before the order will not be affected.
Silva and his wife, Natalie, started to feel anxious about the possibility of being separated. The conventional method of applying for a green card often requires spouses who are living in the U.S. illegally to go back to their home country, sometimes for an extended period of time. This process always carries the inherent risk of not being allowed to return to the United States.
“We saw this as our chance to go through this process together without worrying about being apart for ten years,” Silva said. “Now, I feel really heartbroken and extremely sad because without it, we’re faced with a lot of uncertainty.”
According to immigration attorney Laura Flores-Perilla, the status of Silva’s appointment scheduled for September remains uncertain.
“I can’t stress enough how much this temporary pause is affecting us,” expressed Flores-Perilla, an attorney at the Action Justice Center.
According to Gregory Chen, the director of government relations for the American Immigration Lawyers Association, he has received reports from affiliated lawyers of numerous individuals who have applied for the program since its launch. Some of these applicants were even approved within a day of applying.
Lawyers are scrambling to comprehend the implications of the order for their clients as well. Chen reports that the organization’s listserv for lawyers involved in the Keeping Families Together program was inundated with inquiries about the significance of the judge’s ruling, which was delivered late on Monday.
Advocates have expressed concern about the impact of such litigation, even if it is temporary, as it leads to chaos and uncertainty for those seeking to apply. Chen has observed how litigation has affected other immigration-related programs.
His organization has conducted three webinars to educate lawyers about the program. According to Chen, one of those seminars attracted an impressive attendance of around 1,000 lawyers, which is an unusually high number for one of their educational events.
Roberto García, 37, and his wife Maria from Los Angeles had recently invested $3,000 in an attorney to assist them in completing the complex application for the program. Unfortunately, their application had not been submitted due to the recent order on Monday. Now, they are faced with the dilemma of whether to take a risk and pay the processing fee for a program that is currently on hold.
“I never expected this to happen. It’s incredibly difficult,” expressed Roberto Garcia, reflecting on the order that put a halt to the parole program. “We’re not being given priority. It’s disheartening to see them toy with people’s emotions.”
Roberto supports his family of five as the sole provider through his construction business in California. Additionally, he sends money back home to his family in Mexico.
Approved applicants are granted a three-year window to pursue permanent residency. Within this timeframe, they are eligible to obtain a work authorization.
Maria García expressed her growing sense of despair and the possibility of relocating to Mexico, where her husband’s family resides.
“We will never have the opportunity to purchase a house in this area,” she expressed. “In this place, when you make mistakes, you are rewarded, but if you do things correctly, you are penalized.”
