Politics
Many immigrant spouses without legal status left out of Biden's plan despite deep U.S. ties
Almost as soon as President Biden announced a sweeping executive action in June to set more than 500,000 people on a path to U.S. citizenship, immigrants who won’t qualify under the plan began pushing to be included.
The new policy — unveiled before Biden dropped out of the presidential race as he was attempting to shore up progressive credentials — would shield from deportation undocumented spouses of U.S. citizens if they have lived in the country for the last decade, don’t have any disqualifying criminal convictions and pass a vetting process to ensure they pose no threat to public safety or national security.
The program would allow these spouses, many with children here and deep roots in their communities, to remain in the U.S. and work legally. They would also be allowed to access immigration benefits available to spouses of U.S. citizens. Biden cast the change as a moral imperative to keep families together, as well as an economic benefit to bring more workers out of the shadows.
Formal regulations to implement Biden’s policy could be released any day, with applications expected to open later this month.
But Biden’s proposal leaves out many people who immigration advocates say are equally deserving of protection, but fall short of the proposed criteria. That includes spouses who followed the current rules and voluntarily left the country to apply for reentry, and are now outside the U.S. A Biden administration official said last month that the issue was under review.
Other immigrants would be barred from participating in Biden’s plan due to decades-old border offenses or because they did not pass a U.S. consular vetting process.
Christopher Sánchez, 24, shows a picture of his father, Isaías Sánchez Gonzalez, who was denied a visa in 2016.
(Myung J. Chun / Los Angeles Times)
Advocates for such families estimate that more than 1 million people married to U.S. citizens are unable to access the pathway to citizenship for various reasons.
Adriana Gutiérrez, 41, and husband José, 43, are among those who fall through the cracks of Biden’s program, which relies on an authority known as “parole in place.”
José, who asked that his last name not be used, entered the U.S. illegally more than 20 years ago. He met Gutiérrez almost immediately. They married and now live in the Sacramento area with their four children.
They’ve lived a quiet, law-abiding life. But attorneys advised them to not apply for a green card because they may instead bring unwanted attention to José’s situation.
That’s because shortly before the couple met, José had attempted to cross the border illegally using a cousin’s U.S. birth certificate. He was caught, deported and punished with a lifetime reentry ban. A few days later, he crossed back into the U.S. illegally.
“We’re together, but we’re living in this shadow,” Gutiérrez said. “It seems unfair that we’re having to pay such a harsh price for something that he did over 20 years ago.”
Others won’t receive protection under Biden’s plan because they tried to follow the previous immigration rules.
Immigrants who enter the country lawfully and marry U.S. citizens can obtain legal residency and, later, U.S. citizenship. But as a penalty for skirting immigration law, those who enter illegally and get married must leave the country in order to adjust their immigration status and usually wait at least a decade before being allowed back. In practice, many receive waivers that permit them to speed up the process and be reunited with their families.
Celenia Gutiérrez (no relation to Adriana) said her husband, Isaías Sánchez Gonzalez, left their Los Angeles home and three children in 2016 for a visa interview in Juarez, Mexico. He assumed he would be quickly readmitted and reunited with his family.
Instead he was barred from returning because, after the interview, a consular officer suspected he belonged to a criminal organization, a claim he denies.
“I dedicated myself to acting right. I never had any problems with the law or police,” Sánchez Gonzalez said. He believes the consular officer may have suspected his tattoos — of the Virgen de Guadalupe, comedy and tragedy theater masks, and the Aztec calendar — were gang related.
“I like tattoos, but if I had known the problems they would cause, believe me, I wouldn’t have gotten them,” he said.
After the denial, his wife, who was studying to be a nurse, was forced to defer her schooling and get a job to provide for two households while battling depression.
Sánchez Gonzalez, 46, now lives in Tijuana. His wife and children visit one or two weekends a month.
Celenia Gutiérrez, 41, believes her husband could have qualified for Biden’s spousal protections had he simply remained in the U.S. instead of attempting to rectify his legal status.
Celenia Gutiérrez shows a picture taken in June with husband Isaías Sánchez Gonzalez, second from left, and their children Christopher Sánchez, 24, far left; Brandon Sánchez, 13 and Anthony Sánchez, 19.
(Myung J. Chun / Los Angeles Times)
“We decided to get married so we could get his papers,” she said. “We didn’t want him to get deported. We tried to do everything good, and it still happened.”
Just before Biden announced the program, his administration fought a legal battle against a U.S. citizen from Los Angeles who similarly became separated from her husband after he went to El Salvador for a visa interview and was rejected, despite his assurances of having a clean criminal record.
The government alleged — based on his tattoos, an interview and confidential law enforcement information — that Luis Asencio Cordero was a gang member, which he denied. In June the Supreme Court’s conservative majority ruled against the couple, finding that Asencio Cordero’s wife, Sandra Muñoz, had failed to establish that her constitutional right to marriage extends to living with him in the U.S.
Due to the uncertainty of reentry, many immigrants have opted to stay in the U.S. and continue risking deportation.
American Families United, established in 2006 to advocate on behalf of U.S. citizens who are married to foreign nationals, is urging the Biden administration to offer a review of more complicated cases, including those of immigrant spouses in the U.S. who know they would face reentry barriers, and those who already left the country for a consular interview and were denied while abroad.
The group believes the vetting process and interviews by consular officials can be too subjective and unaccountable. Such decisions are rarely reviewable by federal courts, though immigrants denied while in the U.S. can appeal.
“We’re asking for discretion,” said Ashley DeAzevedo, president of American Families United. The organization has a membership list of nearly 20,000 people, most of whom are families with complex cases. “It’s very hard to have 10 years’ presence in the United States, be married to a U.S. citizen and not have some form of complication in your immigration history.”
In an interview last month with The Times, Tom Perez, a senior advisor to the president, said the administration has contemplated what to do about immigrants who attempted to legalize their immigration status and ended up separated. It’s unknown how many such families exist, he said.
“How do we deal with folks who actually followed the rules in place and are in Guatemala or wherever they might be?” he said. “That is an issue that is squarely on the table.”
Al Castillo, 55, a Los Angeles man who asked to be identified by his middle name, has been separated from his wife for two years, after she left the country to apply for permanent residency in accordance with the rules.
She hasn’t been denied reentry, but has found the bureaucratic process so complicated and nerve racking that she’s unsure whether she will be allowed to return or would qualify for protection under Biden’s program. Afraid to take the wrong step, she now finds herself in limbo, her husband said.
The rule, “unless it’s written in the right way, won’t be able to help us,” Castillo said.
When Biden announced the program, he said he wanted to avoid separating families.
“From the current process, undocumented spouses of U.S. citizens must go back to their home country … to obtain long-term legal status,” the president said. “They have to leave their families in America, with no assurance they’ll be allowed back in.”
Shortly after Biden announced the program, former President Trump’s reelection campaign slammed it. In a statement, the campaign’s national press secretary Karoline Leavitt called it “mass amnesty” and claimed it would lead to a surge in crime, invite more illegal immigration and guarantee more votes for the Democratic Party.
Meanwhile, Vice President Kamala Harris, who is now running against Trump, issued a statement calling the action “a significant step forward” and saying those who will benefit deserve to remain with their families.
On a call with DeAzevedo and other advocates last month, Rep. Lou Correa (D-Santa Ana) said that protecting immigrants who are married to U.S. citizens is an economic issue as much as it is about being on the right side of history.
Rep. Lou Correa and wife Esther, far right, along with U.S. Senate candidate Loretta Sanchez, greet supporters in Santa Ana.
(Gary Coronado / Los Angeles Times)
“You want to keep the American economy strong?” he said. “We need more workers. And what better worker could you bring into the mainstream than those that have been here 10, 20, 30 years working hard, that have children, grandchildren, have mortgages to pay, have followed the law, paid their taxes?”
Politics
Trump admin sues Illinois Gov. Pritzker over laws shielding migrants from courthouse arrests
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The U.S. Justice Department filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations, including courthouses, hospitals and day cares.
The lawsuit was filed on Monday, arguing that the new protective measures prohibiting immigration agents from detaining migrants going about daily business at specific locations are unconstitutional and “threaten the safety of federal officers,” the DOJ said in a statement.
The governor signed laws earlier this month that ban civil arrests at and around courthouses across the state. The measures also require hospitals, day care centers and public universities to have procedures in place for addressing civil immigration operations and protecting personal information.
The laws, which took effect immediately, also provide legal steps for people whose constitutional rights were violated during the federal immigration raids in the Chicago area, including $10,000 in damages for a person unlawfully arrested while attempting to attend a court proceeding.
PRITZKER SIGNS BILL TO FURTHER SHIELD ILLEGAL IMMIGRANTS IN ILLINOIS FROM DEPORTATIONS
The Trump administration filed a lawsuit against Illinois Gov. JB Pritzker over new laws that aim to protect migrants from arrest at key locations. (Getty Images)
Pritzker, a Democrat, has led the fight against the Trump administration’s immigration crackdown in Illinois, particularly over the indiscriminate and sometimes violent nature in which they are detained.
But the governor’s office reaffirmed that he is not against arresting illegal migrants who commit violent crimes.
“However, the Trump administration’s masked agents are not targeting the ‘worst of the worst’ — they are harassing and detaining law-abiding U.S. citizens and Black and brown people at daycares, hospitals and courthouses,” spokesperson Jillian Kaehler said in a statement.
Earlier this year, the federal government reversed a Biden administration policy prohibiting immigration arrests in sensitive locations such as hospitals, schools and churches.
The U.S. Immigration and Customs Enforcement’s “Operation Midway Blitz,” which began in September in the Chicago area but appears to have since largely wound down for now, led to more than 4,000 arrests. But data on people arrested from early September through mid-October showed only 15% had criminal records, with the vast majority of offenses being traffic violations, misdemeanors or nonviolent felonies.
Gov. JB Pritzker has led the fight against the Trump administration’s immigration crackdown in Illinois. (Kamil Krazaczynski/AFP via Getty Images)
Immigration and legal advocates have praised the new laws protecting migrants in Illinois, saying many immigrants were avoiding courthouses, hospitals and schools out of fear of arrest amid the president’s mass deportation agenda.
The laws are “a brave choice” in opposing ICE and U.S. Customs and Border Protection, according to Lawrence Benito, executive director of the Illinois Coalition for Immigrant and Refugee Rights.
“Our collective resistance to ICE and CBP’s violent attacks on our communities goes beyond community-led rapid response — it includes legislative solutions as well,” he said.
The DOJ claims Pritzker and state Attorney General Kwame Raoul, also a Democrat, violated the U.S. Constitution’s Supremacy Clause, which establishes that federal law is the “supreme Law of the Land.”
ILLINOIS LAWMAKERS PASS BILL BANNING ICE IMMIGRATION ARRESTS NEAR COURTHOUSES
Border Patrol Commander Gregory Bovino leaves the Dirksen U.S. Courthouse in Chicago. (Brian Cassella/Chicago Tribune/Tribune News Service via Getty Images)
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Raoul and his staff are reviewing the DOJ’s complaint.
“This new law reflects our belief that no one is above the law, regardless of their position or authority,” Pritzker’s office said. “Unlike the Trump administration, Illinois is protecting constitutional rights in our state.”
The lawsuit is part of an initiative by U.S. Attorney General Pam Bondi to block state and local laws the DOJ argues impede federal immigration operations, as other states have also made efforts to protect migrants against federal raids at sensitive locations.
The Associated Press contributed to this report.
Politics
Supreme Court rules against Trump, bars National Guard deployment in Chicago
WASHINGTON — The Supreme Court ruled against President Trump on Tuesday and said he did not have legal authority to deploy the National Guard in Chicago to protect federal immigration agents.
Acting on a 6-3 vote, the justices denied Trump’s appeal and upheld orders from a federal district judge and the U.S. 7th Circuit Court of Appeals that said the president had exaggerated the threat and overstepped his authority.
The decision is a major defeat for Trump and his broad claim that he had the power to deploy militia troops in U.S. cities.
In an unsigned order, the court said the Militia Act allows the president to deploy the National Guard only if the regular U.S. armed forces were unable to quell violence.
The law dating to 1903 says the president may call up and deploy the National Guard if he faces the threat of an invasion or a rebellion or is “unable with the regular forces to execute the laws of the United States.”
That phrase turned out to be crucial.
Trump’s lawyers assumed it referred to the police and federal agents. But after taking a close look, the justices concluded it referred to the regular U.S. military, not civilian law enforcement or the National Guard.
“To call the Guard into active federal service under the [Militia Act], the President must be ‘unable’ with the regular military ‘to execute the laws of the United States,’” the court said in Trump vs. Illinois.
That standard will rarely be met, the court added.
“Under the Posse Comitatus Act, the military is prohibited from execut[ing] the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress,” the court said. “So before the President can federalize the Guard … he likely must have statutory or constitutional authority to execute the laws with the regular military and must be ‘unable’ with those forces to perform that function.
“At this preliminary stage, the Government has failed to identify a source of authority that would allow the military to execute the laws in Illinois,” the court said.
Although the court was acting on an emergency appeal, its decision is a significant defeat for Trump and is not likely to be reversed on appeal. Often, the court issues one-sentence emergency orders. But in this case, the justices wrote a three-page opinion to spell out the law and limit the president’s authority.
Justice Amy Coney Barrett, who oversees appeals from Illinois, and Chief Justice John G. Roberts Jr. cast the deciding votes. Justice Brett M. Kavanaugh agreed with the outcome, but said he preferred a narrow and more limited ruling.
Conservative Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented.
Alito, in dissent, said the “court fails to explain why the President’s inherent constitutional authority to protect federal officers and property is not sufficient to justify the use of National Guard members in the relevant area for precisely that purpose.”
California Gov. Gavin Newsom and Atty. Gen. Rob Bonta filed a brief in the Chicago case that warned of the danger of the president using the military in American cities.
“Today, Americans can breathe a huge sigh of relief,” Bonta said Tuesday. “While this is not necessarily the end of the road, it is a significant, deeply gratifying step in the right direction. We plan to ask the lower courts to reach the same result in our cases — and we are hopeful they will do so quickly.”
The U.S. 9th Circuit Court of Appeals had allowed the deployments in Los Angeles and Portland, Ore., after ruling that judges must defer to the president.
But U.S. District Judge Charles Breyer ruled Dec. 10 that the federalized National Guard troops in Los Angeles must be returned to Newsom’s control.
Trump’s lawyers had not claimed in their appeal that the president had the authority to deploy the military for ordinary law enforcement in the city. Instead, they said the Guard troops would be deployed “to protect federal officers and federal property.”
The two sides in the Chicago case, like in Portland, told dramatically different stories about the circumstances leading to Trump’s order.
Democratic officials in Illinois said small groups of protesters objected to the aggressive enforcement tactics used by federal immigration agents. They said police were able to contain the protests, clear the entrances and prevent violence.
By contrast, administration officials described repeated instances of disruption, confrontation and violence in Chicago. They said immigration agents were harassed and blocked from doing their jobs, and they needed the protection the National Guard could supply.
Trump Solicitor Gen. D. John Sauer said the president had the authority to deploy the Guard if agents could not enforce the immigration laws.
“Confronted with intolerable risks of harm to federal agents and coordinated, violent opposition to the enforcement of federal law,” Trump called up the National Guard “to defend federal personnel, property, and functions in the face of ongoing violence,” Sauer told the court in an emergency appeal filed in mid-October.
Illinois state lawyers disputed the administration’s account.
“The evidence shows that federal facilities in Illinois remain open, the individuals who have violated the law by attacking federal authorities have been arrested, and enforcement of immigration law in Illinois has only increased in recent weeks,” state Solicitor Gen. Jane Elinor Notz said in response to the administration’s appeal.
The Constitution gives Congress the power “to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.”
But on Oct. 29, the justices asked both sides to explain what the law meant when it referred to the “regular forces.”
Until then, both sides had assumed it referred to federal agents and police, not the standing U.S. armed forces.
A few days before, Georgetown law professor and former Justice Department lawyer Martin Lederman had filed a friend-of-the-court brief asserting that the “regular forces” cited in the 1903 law were the standing U.S. Army.
His brief prompted the court to ask both sides to explain their view of the disputed provision.
Trump’s lawyers stuck to their position. They said the law referred to the “civilian forces that regularly execute the laws,” not the standing army.
If those civilians cannot enforce the law, “there is a strong tradition in this country of favoring the use” of the National Guard, not the standing military, to quell domestic disturbances, they said.
State attorneys for Illinois said the “regular forces” are the “full-time, professional military.” And they said the president could not “even plausibly argue” that the U.S. Guard members were needed to enforce the law in Chicago.
Politics
Video: Trump Announces Construction of New Warships
new video loaded: Trump Announces Construction of New Warships
transcript
transcript
Trump Announces Construction of New Warships
President Trump announced on Monday the construction of new warships for the U.S. Navy he called a “golden fleet.” Navy officials said the vessels would notionally have the ability to launch hypersonic and nuclear-armed cruise missiles.
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We’re calling it the golden fleet, that we’re building for the United States Navy. As you know, we’re desperately in need of ships. Our ships are, some of them have gotten old and tired and obsolete, and we’re going to go the exact opposite direction. They’ll help maintain American military supremacy, revive the American shipbuilding industry, and inspire fear in America’s enemies all over the world. We want respect.
By Nailah Morgan
December 23, 2025
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