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?”
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By Shawn Paik
April 22, 2026
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Sparks flew on Capitol Hill as Sen. Elizabeth Warren, D-Mass., accused Federal Reserve nominee Kevin Warsh of being a potential “sock puppet” for President Donald Trump.
Warsh, tapped by Trump in January to lead the Federal Reserve, faced a two-and-a-half-hour confirmation hearing before the Senate Banking, Housing, and Urban Affairs Committee.
If confirmed, he would take the helm of the world’s most powerful central bank, shaping interest rates, borrowing costs and the financial outlook for millions of American households for the next four years.
WHO IS KEVIN WARSH, TRUMP’S PICK TO SUCCEED JEROME POWELL AS FED CHAIR?
Kevin Warsh, nominee for chairman of the Federal Reserve, listens to ranking member Sen. Elizabeth Warren, D-Mass., make an opening statement during his Senate Banking, Housing and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
In her opening remarks, Warren sharply criticized Warsh’s record and questioned his independence, arguing he is “uniquely ill-suited for the job as Fed chair” and warning he could give Trump influence over the central bank.
She accused Warsh of enabling Wall Street during the 2008 financial crisis, which fell during his tenure as a Federal Reserve governor when he served from 2006 to 2011.
“In our meeting last week, we discussed the 2008 financial crash, where 8 million people lost their jobs, 10 million people lost their homes and millions more lost their life savings,” Warren said. “Giant banks, however, got hundreds of billions of dollars in bailouts… and he said to me that he has no regrets about anything he did.”
She added that Warsh “worked tirelessly to arrange multibillion-dollar bailouts” for Wall Street CEOs, with nothing for American families.
The hearing grew more tense as Warren pivoted to ethics concerns, pressing Warsh over his undisclosed financial holdings and questioning him over links to business dealings connected to the late convicted sex offender Jeffrey Epstein.
The two spoke over each other and raised their voices in a heated exchange on Capitol Hill.
WARSH’S $226 MILLION FORTUNE UNDER SCRUTINY AS FED NOMINEE FACES SENATE CONFIRMATION
Sen. Elizabeth Warren: The Fed has been plagued by deeply disturbing ethics scandals in recent years. It’s critical that the next chair have no financial conflicts — none. You have more than $100 million in investments that you have refused to disclose. So let me ask: do the Juggernaut Fund or THSDFS LLC invest in companies affiliated with President Trump or his family, companies tied to money laundering, Chinese-controlled firms, or financing vehicles linked to Jeffrey Epstein?
Kevin Warsh: Senator, I’ve worked closely with the Office of Government Ethics and agreed to divest all of my financial assets.
Warren: Could you answer my question, please? You have more than $100 million in undisclosed assets. Are any of those investments tied to the entities I just mentioned? It’s a yes-or-no question.
Warsh: I have worked tirelessly with ethics officials and agreed to sell all of my assets before taking the oath of office.
Warren: Are you refusing to tell us if you have investments in vehicles linked to Jeffrey Epstein? You just won’t say?
Warsh: What I’m telling you is those assets will be sold if I’m confirmed.
Warren: Will you disclose how you plan to divest these assets? The public might question your motives if, for example, someone who profits from predicting Fed policy cuts you a $100 million check as you take office.
Sen. Elizabeth Warren questions Kevin Warsh during his Senate Banking, Housing and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Warsh: I’ve reached a full agreement with the Office of Government Ethics and will divest those assets before taking the oath.
Warren: I’m asking a very straightforward question. Will you disclose how you divest those assets?
Warsh: As I’ve said, I’ve worked with ethics officials.
Warren: I’ll take that as a no.
In a separate exchange, Warren invoked Trump’s past statements about the Fed and challenged Warsh to prove his independence in real time.
She insisted that Warsh answer whether he believes Trump won the 2020 presidential election and if he would name policies of the president with which he disagrees. The hopeful future Fed chair dodged the question and said he would remain apolitical, if confirmed.
THE ONE LINE IN WARSH’S TESTIMONY SIGNALING A BREAK FROM THE FED’S STATUS QUO
Warren: Donald Trump has made clear he does not want an independent Fed. He has said, “Anybody that disagrees with me will never be Fed chairman.” He’s also said interest rates will drop “when Kevin gets in.” Let’s check out your independence and your courage. We’ll start easy. Mr. Warsh, did Donald Trump lose the 2020 election?
Warsh: Senator, we should keep politics out of the Federal Reserve.
Warren: I’m asking a factual question.
Warsh: This body certified the election.
Warren: That’s not what I asked. Did Donald Trump lose in 2020?
Warsh: The Fed should stay out of politics.
Warren: In our meeting, you said you’re a “tough guy” who can stand up to President Trump. So name one aspect of his economic agenda you disagree with.
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Kevin Warsh listens to a question during a Senate Banking, Housing, and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Graeme Sloan/Bloomberg via Getty Images)
Warsh: That’s not something I’m prepared to do. The Fed should stay in its lane.
Warren: Just one place where you disagree.
Warsh: I do have one disagreement — he said I looked like I was out of central casting. I think I’d look older and grayer.
Warren: That’s adorable. But we need a Fed chair who is independent. If you can’t answer these questions, you don’t have the courage or the independence.
On March 28, a sunny Saturday in southwestern Utah, Jack Hoopes and his wife, Lorna, brought their homemade signs to the local “No Kings” rally.
The couple joined a crowd of 1,500 or so marching through the main picnic area of a park in downtown St. George. Their signs — cut-out words on a black background — chided lawmakers for failing to stand up to President Trump and urged America to “make lying wrong again.”
After about an hour, the two were ready to go home. They got in their silver Volvo SUV, but before pulling away, Jack Hoopes decided to swing past the demonstration, which was still going strong. He tooted his horn, twice, in a show of solidarity.
That’s when things took a curious turn.
A police officer parked in the middle of the street warned Hoopes not to honk; at least that’s what he thinks the officer said as Hoopes drove past the chanting crowd. When he spotted two familiar faces, Hoopes hit the horn a third time — a friendly, howdy sort of honk. “It wasn’t like I was being obnoxious,” he said, “or laying on the horn.”
Hoopes turned a corner and the cop, lights flashing, pulled him over. He asked Hoopes for his license and registration. He returned a few moments later. A passing car sounded its horn. “Are you going to stop him, too?” Hoopes asked.
That did not sit well. The officer said he’d planned to let Hoopes off with a warning. Instead, he charged the 71-year-old retired potato farmer with violating Utah’s law on horns and warning devices. He issued a citation, with a fine punishable up to $50.
Hoopes — a law school graduate and prosecutor in the days before he took up potato farming — is fighting back, even though he estimates the legal skirmishing could cost him considerably more than the maximum fine. The ticket might have resulted from pique on the officer’s part. But Hoopes doesn’t think so. He sees politics at play.
“I’ve beeped my horn for [the pro-law enforcement] Back the Blue. I’ve beeped my horn for Black Lives Matter,” Hoopes said. “I’ve seen a lot of people honk for Trump and for MAGA.”
He’s also seen plenty of times when people honked their horns to celebrate high school championships and the like.
But Hoopes has never heard of anyone being pulled over, much less ticketed, for excessive or unlawful honking. “I think it’s freedom of expression,” he said.
Or should be.
Jack and Lorna Hoopes made their own protest signs to bring to the “No Kings” rally in St. George, Utah.
(Mikayla Whitmore / For The Times)
St. George is a fast-growing community of about 100,000 residents set amid the jagged red-rock peaks of the Mojave Desert. It’s a jumping-off point for Zion National Park, about 40 miles east, and a mecca for golf, hiking and mountain-bike riding.
It’s also Trump Country.
Washington County, where St. George is located, gave Trump 75% of its vote in 2024, with Kamala Harris winning a scant 23%. That emphatic showing compares with Trump’s 59% performance statewide.
St. George is where Hoopes and his wife live most of the time. When summer and its 100-degree temperatures hit, they retreat to southeast Idaho. The couple get along well with their neighbors in both places, Hoopes said, even though they’re Democrats living in ruby-red country. It’s not as though they just tolerate folks, or hold their noses to get by.
“Most of my friends are conservative,” Hoopes said. “Some of the Trump people are very good people. We just have a difference of opinion where our country is going.”
He was speaking from a hotel parking lot in Arizona near Lake Havasu while embarked on an annual motorcycle ride through the Southwest: four days, a dozen riders, 1,200 miles. Most of his companions are Trump supporters, Hoopes said, and, just like back home, everyone gets on fine.
“Right?” he called out.
“No!” a voice hollered back.
Actually, Hoopes joked, his charitable road mates let him ride along because they consider him handicapped — his disability being his political ideology.
Hoopes is not exactly a hellion. In 2014, he and his wife traveled to Africa to participate in humanitarian work and promote sustainable agriculture in Kenya and Uganda. In 2020, they worked as Red Cross volunteers helping wildfire victims in Northern California.
Virtually his entire life has been spent on the right side of the law, though Hoopes allowed as how he has racked up a few speeding tickets over the years. (His career as a prosecutor lasted four years and involved three murder cases in the first 12 months before he left the legal profession behind and took up farming.)
He’s never had any problems with the police in St. George. “They seem to be decent,” Hoopes said.
A department spokesperson, Tiffany Mitchell, said illicit honking is not a widespread problem in the placid, retiree-heavy community, but there are some who have been cited for violations. She denied any political motivation in Hoopes’ case.
“He must’ve felt justified,” Mitchell said of the officer who issued the citation. “I can’t imagine that politics had anything to do with it.”
And yes, she said, honking a horn can be a political statement protected by the 1st Amendment. “But, just like anything else, it can turn criminal,” Mitchell said, and apparently that’s how the officer felt on March 28 “and that’s the direction he took it.”
The matter now rests before a judge, residing in a legal system that has lately been tested and twisted in remarkable ways.
Jack Hoopes’ case is now before a judge in St. George, Utah.
(Mikayla Whitmore / For The Times)
As he left an initial hearing earlier this month, Hoopes said his phone pinged with a fresh headline out of Washington. Trump’s Justice Department, it was reported, was asking a federal appeals court to throw out the convictions of 12 people found guilty of seditious conspiracy for their roles in the Jan. 6, 2021, insurrection.
“We have a president that pardons people that broke into the Capitol and defecated” in the hallways and congressional offices, Hoopes said. “Police officers died because of it, and yet I get picked up for honking my horn?”
Hoopes’ next court appearance, a pretrial conference, is set for July 15.
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