Aug 26, 2024 - Politics & Policy

Immigrant rights groups seek to defend Biden program in court

Astrid Galván

President Biden stands behind a podium at the White House surrounded by many people — President Biden speaks at the White House after announcing the Keep Families Together Act and celebrating the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) program. Photo: Kevin Dietsch/Getty Images

Two immigrant rights groups on Monday filed legal paperwork asking to defend in court a Biden administration program for undocumented people married to U.S. citizens.

Why it matters: The groups, Justice Action Center and Make the Road New York, say they represent families that would be deeply impacted if a lawsuit against the program by Texas and 15 other Republican states succeeds.

Catch up quick: President Biden in June announced a new program that would affect roughly 500,000 immigrants who entered the country without authorization but who, as spouses of U.S. citizens, now qualify for legal permanent residency (a green card).

Known as Keeping Families Together, the program would allow spouses to remain in the country instead of having to leave for years while their green card is processed, essentially creating an easier path to citizenship. They'll also get authorization to work.
Applications for the program opened on Aug. 19.
On Friday, the states filed a lawsuit and sought a temporary injunction against the program, alleging it is unconstitutional and "rewards illegal immigration."

State of play: The U.S. government in court filings called allegations that the program will incentivize unauthorized immigration "baseless."

The government also said there's no valid claim states will be harmed by this program because it only applies to immigrants who have been in the country for at least 10 years.
Now, immigrant advocates are asking the court to allow them to also defend the program because neither defendants nor plaintiffs "adequately represent the interests that are at stake in the case," said Karen Tumlin, founder and director of Justice Action Center, during a news conference Monday.

What they're saying: Oscar Martin Silva Perez, who is undocumented and has been long married to his high school sweetheart, a U.S. citizen, said he spent two months gathering documents and applied for the program when it launched last week.

"The application has allowed me to dream of finally realizing my goal of becoming a CPA and promoting financial literacy."
But the lawsuit against the program "felt like a punch in the gut" for Silva, who is from Texas.
"We want to be able to live knowing that the life we're building won't be taken away from us," Silva says, adding that the program would make that "a reality."

What we're watching: A judge must grant the groups permission to intervene, but the timeline for that is unclear.

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Immigrant rights groups seek to defend Biden program in court

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