A group of GOP-led states have filed suit against a Biden administration program that allows undocumented spouses of U.S. citizens to apply for legalization.
The Keeping Families Together program isn't even a week old yet — the much-anticipated initiative officially began accepting applications on Monday and under it, undocumented spouses and stepchildren who have lived in the U.S. for at least 10 years can apply for legal status through what’s called parole-in-place.
Texas and other GOP-led states are asking a federal judge to halt the program — they argue it was enacted improperly and could harm their states economically.
Citizenship and Immigration Services says the program is still accepting applications for now. But Tucson immigration attorney Mo Goldman says he has dozens of clients who face tough choices.
"I, and I think the majority of my colleagues, are … explaining that there is a lot of uncertainty with regards to this parole program — It could survive the legal battle, but it also depends on what happens at the polls in November,” he said. “So we're just waiting because... if it ends up getting enjoined, obviously, people who have filed and already invested some money into this process are gonna just have everything stuck on hold.”
The filing fee with USCIS is $580 to apply. Goldman says like other embattled immigration programs, those who apply while a case moves through court could be stuck in limbo.
“The reward is that you get your green card,” he said. “But the risks are an injunction or a restraining order could be put in place, number one, number two, you could file it now, be in the process, and then all the sudden a new president comes in and wipes it all out.”
Rights groups are already in full swing trying to get the word out about the program.
The nonprofit group Informed Immigrant launched a bilingual video series that will have Latino artists and other influencers highlight the program and eligible families.
The first video, launched alongside the program’s opening Monday features journalist Maria Celeste Arrarás and Maruxa Cardenas — a Puerto Rican woman whose husband is in immigration limbo.
Hundreds of thousands of marriages with an undocumented partner have been trying to adjust their status for various years, and are still stuck in limbo,” Arrarás says.
She interviews Cardenas, who says she and her undocumented husband have been separated for six years as they wait for his legalization process.
“Maybe in the past it was easier, but these last six years really have had a lot of obstacles for us,” she says.
Informed Immigrant says the videos are part of a larger campaign to ensure families who are eligible for the program get the information they need to get their applications in.
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Proposals mandating more Arizona legislators, state agencies sharing data on undocumented immigrants and rules around photo radar are under discussion at the state Capitol.
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The Respect for Local Communities Act would require public comment and written approval from state and local officials where ICE facilities are planned. Congressional committees would also have to be notified.
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In a district with more than 80% nonwhite students, the community is calling for a more rigorous effort to protect schools from potential immigration enforcement activity.
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A bill advancing in the Arizona Legislature would direct local police to determine the immigration status of people they’ve arrested. If a person is undocumented, local police would be required to notify federal immigration officers.
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Almost two dozen rights organizations from the U.S. and elsewhere presented to the Inter-American Commission on Human Rights this week in Guatemala City during a hearing about so-called third country deportations — which are done through deals the U.S. has made with almost 30 different countries.