Update: Temporary Pause on “Keeping Families Together” Program
August 26, 2024: The United States District Court for the Eastern District of Texas issued an administrative stay in the case Texas v. Department of Homeland Security, Case Number 24-cv-306. DHS will not be granting parole in place under the “Keeping Families Together” program for 14 days. Stay tuned for further updates.
“Keeping Families Together” is a Biden program that will give a pathway to citizenship to nearly 500,000 undocumented immigrants who are married to US citizens. The program aims to promote family unity by providing a pathway to citizenship for undocumented immigrants married to US citizens. This program affects these individuals and their families big time and is now on pause for further legal review.
Facts
- The 14 day stay on the “Keeping Families Together” policy may be extended.
- U.S. Citizenship and Immigration Services (USCIS) can still accept applications during this time but approvals are on hold.
- The lawsuit was filed by 16 Republican states.
- The federal judge needs more time to review the legal aspects of the program.
- Eligible individuals can still apply with no penalties but applications will not be processed until the stay is lifted.
What Happens During the Stay?
- DHS will not grant any pending parole in place requests under the “Keeping Families Together” program.
- USCIS will still accept Form I-131F applications for parole in place but approvals are on hold during this time.
- The stay does not affect applications that were approved before the order was issued
Court’s Decision and Lawsuit Background
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued a 14 day stay, stopping the processing of applications or granting of parole under the new rule. DHS can still accept applications during this time. This temporary pause is in response to a lawsuit filed by 16 Republican states challenging the program.
The lawsuit challenges the new immigration process aimed at streamlining pathways to lawful permanent residence for noncitizens married to U.S. citizens.
Judge Barker said the temporary pause is to prevent any harm before the court can review the case further. The judge’s decision shows the states have a strong case and the program will have big implications for immigration policy and state resources.
Legal Proceedings and Next Steps
The court has a fast track schedule for the case with deadlines in September and early October. A hearing on preliminary relief and summary judgment will be after October 10, 2024. During this time all parties will present their arguments and the court will decide whether to extend the stay or lift it.
The stay was issued after 16 Republican states filed a lawsuit against the program saying it violates the Administrative Procedure Act and existing federal law. In his order, Judge Barker said the states’ claims are “serious and deserve more time than the court has given so far”. But he made clear this is not a final decision on the merits of the case but a temporary pause to allow for further review. DHS, the defendant in this case, has filed a request to expedite.
President Biden Reacts to Court’s Temporary Ruling
In response to the federal court order temporarily staying the “Parole in Place” program for undocumented spouses and stepchildren of U.S. citizens, President Biden issued a statement condemning the ruling. He stated:
Here is President Biden’s full response:
Statement from President Joe Biden on the District Court’s Order on the Biden-Harris Administration’s Action to Keep Families Together
It is hopeful that the Biden Harris administration’s commitment to this program will stand strong.
Immigrant Families Defend Biden’s Parole Program
A group of immigrant families has stepped up to defend a new Biden administration program, which is under threat from a lawsuit by 16 Republican-led states. The program, known as Keeping Families Together, provides a legal pathway called “parole in place” for an estimated half a million undocumented spouses of U.S. citizens. This pathway allows them to apply for permanent residency and citizenship without leaving the country, significantly reducing the risk of family separation.
The lawsuit, led by Texas Attorney General Ken Paxton, was filed by Republican states that argue the program is unconstitutional and harmful to the U.S. However, six undocumented immigrants, together with their U.S. citizen spouses, filed a motion to intervene in the lawsuit, seeking to protect the program. They are supported by the Coalition for Humane Immigrant Rights, a nonprofit based in Los Angeles.
One of the immigrants seeking to intervene, Foday Turay, is particularly passionate about the case. Turay, who was brought to the U.S. from Sierra Leone as a child, is now a lawyer working as a prosecutor in Philadelphia. He speaks out about the fear of being torn from his family, despite having lived, worked, and paid taxes in the U.S. for over a decade. Turay and his fellow applicants argue that this program is essential for keeping their families intact.
Applicants to the parole in place program must meet strict criteria: continuous residence in the U.S. for at least 10 years, marriage to a U.S. citizen before June 17, 2024, and a clean criminal record. The program is designed to address the dilemma faced by many undocumented immigrants who are married to U.S. citizens but are afraid to leave the country to legalize their status, as it could result in yearslong or even permanent separation from their families.
Despite its benefits, the program is under fierce attack. The lawsuit, backed by America First Legal, argues that the program violates federal law and exacerbates the immigration crisis. The suit was filed in a Texas federal court known for its conservative judges, both of whom were appointed by former President Trump. The case has been assigned to Judge J. Campbell Barker, who will decide whether the immigrant families can intervene.
If allowed to intervene, these families and their legal representatives will defend the program alongside the federal government, but with a focus on their personal stakes in the matter. Esther Sung, the legal director of Justice Action Center, emphasizes the importance of including the voices of those who would benefit directly from the program, noting that the outcome could significantly impact immigrant communities and even influence the upcoming elections, as many affected families reside in key swing states.
The lawsuit also raises the broader debate over the economic impact of undocumented immigrants on states. Republican attorneys general argue that programs like parole in place impose financial burdens on states by increasing costs in education, healthcare, and other public services. However, advocates like Sung plan to challenge these claims, pointing out that similar arguments were dismissed in a previous case involving a different Biden administration program.
The question of whether undocumented immigrants are a net fiscal benefit or cost remains contentious, with analyses often divided along ideological lines. Yet, as Turay points out, many of the immigrants eligible for parole in place have been contributing to the U.S. economy for years, primarily through paying taxes. The White House estimates that applicants have lived in the U.S. for an average of over 20 years, demonstrating their deep ties to the country.
As this legal battle unfolds, the future of the Keeping Families Together program hangs in the balance, with significant implications for the lives of many immigrant families and the broader immigration debate in the United States.
What is the “Keeping Families Together” Program
The “Keeping Families Together” program is an expansion of the existing “parole in place” (PIP) policy that allows certain undocumented spouses and stepchildren of US citizens to apply for temporary relief from deportation. If approved, these individuals can apply for a marriage based green card without having to leave the US. The program is designed to streamline the immigration process and promote family unity by allowing eligible individuals to apply for a marriage-based green card without leaving the US. The Biden administration estimates 500,000 undocumented spouses and 50,000 stepchildren will benefit from this program.
To qualify, applicants must have been in the US for at least 10 years, be married to a US citizen as of June 17, 2024 and have no disqualifying criminal history or security threats. The application process costs $580 and requires detailed documentation including a personal statement and proof of continuous presence in the country.
Opposition
The lawsuit, led by Texas, says the “Keeping Families Together” program not only violates the Constitution but also makes the existing illegal immigration problem worse. The plaintiffs argue the program will encourage more illegal immigration and put a strain on state resources, citing increased demand for state services and potential wage suppression as the main concerns.
DHS spokesperson Mayra Alejandra said the program is based on long standing legal authority and is in line with American values of keeping families together. She said the program is to allow families of US citizens to live without fear of being separated, something that many people can relate to.
What This Means for Applicants
The temporary restraining order (TRO) means USCIS can accept applications but cannot process or approve them until the stay is lifted. If you are eligible for the program you should prepare and submit your application during this time as there is no prohibition on doing so. If the stay is lifted those who applied during the pause will not be penalized or restricted.
Despite the stay individuals who think they qualify for the PIP program should consult with experienced immigration attorneys to explore their options. They should also go ahead and submit their applications as the program is still open for submissions.
Be informed and seek legal advice to understand how this temporary pause will impact your case. Even with the pause in place, preparing your application now will put you in a better position when the program reopens.
Next Steps
As the lawsuit plays out the “Keeping Families Together” program is still up in the air. But eligible individuals should stay ahead of the curve, gather the necessary documents and submit their applications. Stay informed and prepared and you’ll be able to navigate this changing policy and get a better future for you and your family.
If you are considering applying under the “Keeping Families Together” program contact the Herman Legal Group to help you with the process. Preparing now could mean getting your marriage green card when the program gets back on track.
What is “Keeping Families Together”
August 19, 2024 DHS announced the “Keeping Families Together” program. This is an initiative that allows certain noncitizen spouses and stepchildren of US citizens to apply for parole in place, a discretionary process that allows them to stay in the US temporarily. This is part of President Biden’s overall family unity in the immigration system.
What is Parole in Place?
Parole in place is a discretionary authority exercised by DHS under section 212(d)(5)(A) of the Immigration and Nationality Act (INA). It allows certain noncitizens who are in the US without being formally admitted or paroled to be considered “applicants for admission”. This process allows them to stay in the country for urgent humanitarian reasons or significant public benefit.
If paroled and otherwise eligible they can apply for adjustment of status to lawful permanent resident without leaving the US to process their application through a US consulate abroad. DHS estimates 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of US citizens could benefit from this program. These individuals have been in the US for an average of 23 years.
Under normal circumstances undocumented individuals who entered the US illegally cannot adjust their status to legal permanent resident without leaving the country. Leaving the US triggers the 3 or 10 year bars which can make it very difficult for them to return. The PIP program is designed to bypass this requirement and allow eligible individuals to stay in the US while their applications are processed.
Integrity and Fraud Prevention
USCIS will thoroughly review all evidence submitted with Form I-131F applications to verify the existence of legally valid marriages. This includes training and procedures to identify and prevent fraud to ensure only legitimate marriages are the basis for applications for adjustment of status.
Eligibility
To be eligible for the discretionary grant of parole in place under “Keeping Families Together” you must:
For Noncitizen Spouses of US Citizens:
- Be in the US without admission or parole as a spouse of a US citizen.
- Have been continuously present in the US since at least June 17, 2014.
- Be married to a U.S, citizen as of June 17, 2024.
- Have no disqualifying criminal history or pose no threat to public safety, national security or border security.
- Submit biometrics and undergo required background checks and security vetting.
For Noncitizen Stepchildren of US Citizens:
- Be under 21 years old and unmarried as of June 17, 2024.
- Be in the US without admission or parole.
- Have been continuously physically present in the US since at least June 17, 2024.
- Have a noncitizen parent who entered into a legally valid marriage with a US citizen before your 18th birthday and as of June 17, 2024.
- Go through the public safety vetting and meet the same criminal history and security requirements as spouses.
The applicant must demonstrate eligibility and that the favorable exercise of parole is warranted for urgent humanitarian reasons or significant public benefit. Parole in place does not automatically qualify the applicant for other immigration benefits including lawful permanent resident status.
Apply for Parole in Place
Starting August 19, 2024 eligible noncitizen spouses and stepchildren can apply for parole in place by filing Form I-131F online. There is a filing fee and no fee waivers. Applicants must complete all required fields and submit required documents according to the form instructions.
Important Notes:
- A separate Form I-131F must be filed for each individual seeking parole in place.
- Each applicant must have their own USCIS online account, although a parent or legal guardian can create an account for children under 14 and complete the form on their behalf.
After filing, applicants will need to provide biometrics, including fingerprints, photographs and signature. This information will be used for identity verification, background checks and to determine eligibility.
What Happens After Filing?
If USCIS determines the applicant is eligible and if the federal court lifts the stay, USCIS may grant parole in place on a case by case basis considering factors such as criminal history, existing removal proceedings and national security concerns. If approved, parole is usually granted for 3 years and can be terminated by DHS at any time with notice.
Employment Authorization
If granted parole, applicants can request an Employment Authorization Document (EAD) by filing Form I-765. If you don’t already have a Social Security number you can request one when filing for an EAD.
If Your Application is Denied
If USCIS denies parole in place it will not usually result in a Notice to Appear (NTA) or referral to ICE for enforcement action unless the applicant is deemed a threat to national security, public safety or border security. However, DHS has discretion to take enforcement actions under the INA.
Other Considerations
Address Changes: Applicants must report any address changes to USCIS within 10 days to receive all correspondence related to their case.
Travel Restrictions: A grant of parole in place does not allow the applicant to reenter the US if they leave. Leaving the US will terminate the parole. Even with advance parole there are risks involved in traveling outside the US and applicants should consult with an attorney before making travel plans.
Subsequent Immigration Petitions: A grant of parole in place does not automatically qualify someone for a green card. A qualifying family member must still file Form I-130 or Form I-360 on their behalf and they must meet all other requirements for adjustment of status.
Immigration Scams
Don’t get scammed. Only attorneys licensed in the US or accredited representatives can give you legal advice on immigration matters. Be cautious of websites, individuals or organizations claiming to be affiliated with USCIS. Never pay anyone over the phone or by email, and USCIS will never contact you through personal email.
Final Thoughts
The “Keeping Families Together” program is a big step by the White House towards family unity for noncitizen spouses and stepchildren of US citizens. But with the current legal challenges and stay in place, it’s important to stay informed and prepared. By knowing the process, eligibility and risks you can make smart decisions for your immigration journey.
Call Herman Legal Group for further information. We will give you the latest guidance and help you make the smart decision for you and your family.
