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Less than a week into Biden's undocumented spouses program, GOP-led states are suing to stop it

green card sample
U.S. Citizenship and Immigration Services
A sample of a U.S. Green Card.

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.

More Immigration News

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