Immigrant Rights Groups Seek to Defend Biden’s Immigration Program in Court.
Washington, D.C. — On Monday, two immigrant rights organizations filed legal papers to defend a Biden administration program that supports undocumented individuals married to U.S. citizens.
Importance of the Case: The groups, Justice Action Center and Make the Road New York, argue that their clients would face severe consequences if a lawsuit against the program, filed by Texas and 15 other Republican-led states, succeeds.
Background: In June, President Biden introduced a new initiative designed to benefit around 500,000 immigrants who entered the U.S. without authorization but are now married to U.S. citizens. The program, called Keeping Families Together, would allow these spouses to stay in the country while their green card applications are processed, thus providing a smoother path to citizenship and work authorization. Applications for the program began on August 19.
Legal Challenges: Last Friday, the 16 states filed a lawsuit against the program, seeking a temporary injunction. They argue that the program is unconstitutional and unfairly benefits those who entered the country illegally.
Government’s Position: In response, the U.S. government has dismissed claims that the program will encourage illegal immigration as unfounded. The administration also argues that the states cannot prove they will be harmed, as the program is only for immigrants who have been in the country for at least a decade.
Advocates’ Response: Immigrant advocates are requesting permission from the court to defend the program, arguing that the current parties do not fully represent the interests at stake. Karen Tumlin, founder and director of Justice Action Center, emphasized this point at a news conference on Monday.
Personal Impact: Oscar Martin Silva Perez, an undocumented immigrant married to a U.S. citizen, shared his personal experience. He spent two months preparing documents and applied for the program when it opened. Silva, who is from Texas, described the lawsuit as a “punch in the gut” and expressed hope that the program would help him achieve his goal of becoming a CPA and advancing financial literacy.
Next Steps: The judge must decide whether to allow the immigrant rights groups to intervene in the case. The timeline for this decision remains uncertain.