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No court hearing for families hoping to defend program for undocumented spouses

Gavel against bench in courtroom.
A gavel in courtroom.

Families are again barred from taking part in a court case against a Biden administration program for undocumented spouses of U.S. citizens under a new opinion from the 5th U.S. Circuit Court of Appeals in New Orleans.

Roughly 500,000 undocumented people are thought to be eligible for the Keeping Families Together program — which offers a path to legal residency for long-time spouses of U.S. citizens. The program was active for less than a week before Texas and other GOP-led states brought a case against it. They argue it’s illegal and could harm their states financially.

Karen Tumlin, founder and director of Justice Action Center, says the program uses an authority called parole.

“It’s been used by presidents on both sides of the aisle, for the past 70 years, but unfortunately, as with all things immigration, it has become politicized,” she said.

Tumlin and other lawyers filed a motion to intervene in the case on behalf of a group of couples hoping to benefit from the program. Both the district court and appeals court have denied their request.

Ashley DeAzevedo, president of the advocacy group American Families United, told reporters her husband is among thousands of people who hoped to benefit from the program.

This program doesn’t offer a free pass — it’s for people who have lived in this county for at least 10 years, who are married to U.S. citizens, who have no criminal history,” she said. “These are people who work and contribute to our communities. People who raise their American children. People just like my husband.”

A hearing to discuss the motion was scheduled for this Thursday in New Orleans alongside another Texas-led case against DACA, but was canceled by the judges.

Alisa Reznick is a senior field correspondent covering stories across southern Arizona and the borderlands for the Tucson bureau of KJZZ's Fronteras Desk.