Key Biden immigration programme on pause

McALLEN, Texas (AP):

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 programme that could benefit an estimated 500,000 immigrants in the US, 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 US 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 US 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 programme 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.

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 programme “blew up” after the judge’s decision late Monday with questions about what the decision means.

The organisation 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.