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A federal judge in Texas has temporarily halted a Biden administration policy that aims to give some immigrant spouses of U.S. citizens legal status without having to leave the country. Republican attorneys general in 16 states had filed suit to block the program. The ruling puts an estimated 500,000 immigrants back in legal limbo, as NPR's Sergio Martínez-Beltrán reports.
SERGIO MARTÍNEZ-BELTRÁN, BYLINE: The Biden administration's Keeping Families Together plan aimed to help undocumented spouses who have been living in the shadows - people such as Ricardo Ocampo Hernandez.
RICARDO OCAMPO HERNANDEZ: I've lived in the United States for over 32 years, and I still am undocumented.
MARTÍNEZ-BELTRÁN: Here, he's gotten married to a U.S. citizen, has had three kids and is currently working as the organizing director for the immigration rights group Make The Road Nevada. For most of Ocampo Hernandez's life here, his immigration status has meant not having health insurance, not being able to buy a house, and for years he avoided driving, out of fear of getting pulled over and potentially deported. That's despite being married to an American for the last decade.
OCAMPO HERNANDEZ: You don't get automatic citizenship when you are married to a U.S. citizen. That's far from the truth.
MARTÍNEZ-BELTRÁN: The Biden administration's program, launched in June, aimed to give some unauthorized immigrants a path to citizenship if they've been in the country for at least 10 years and are married to a U.S. citizen. It gives them the chance to fix their legal status, which can often take years, without having to leave the country. The idea is to keep families together while their case is processed. It also applies to the stepchildren of U.S. citizens. Sixteen GOP-controlled states, led by Texas, challenged the program. Republicans allege The White House had illegally bypassed Congress and saddled states with health care, law enforcement and other costs. Republicans also say it incentivizes more illegal migration. Ocampo Hernandez filed his application, but the program is now paused after a federal judge ruled that the state's claims are substantial and warrant closer consideration.
Ashley DeAzevedo is the president of American Families United, which advocates for mixed-status families. Her husband of 13 years is from Brazil and has been living in the country without authorization.
ASHLEY DEAZEVEDO: I do not believe that the average American is going to see this as a reasonable legal challenge. I think the idea of separating American families is reprehensible.
MARTÍNEZ-BELTRÁN: She says her group will continue fighting for the survival of the Keeping Families Together program, and the Department of Homeland Security says it will continue to accept applications while it defends the policy in court.
Sergio Martínez-Beltrán NPR News, Austin. Transcript provided by NPR, Copyright NPR.
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