On November 7, 2024 A federal district court judge in Texas just blocked the Biden administration’s “Keeping Families Together” (KFT) program which allowed certain undocumented spouses of U.S. citizens to stay in the country, work legally and pursue green cards without fear of deportation.
This 74 page ruling is permanent, subject to appeal, and a big blow to the Biden administration’s immigration policy.
Key Facts
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, a Trump appointee in 2018, ruled that the administration exceeded its authority by implementing the program without congressional approval.
The district court judge’s decision came after a lawsuit was filed by 16 Republican-led states, led by Texas Attorney General Ken Paxton, which argued the policy imposed an undue burden on states by increasing the cost of public services.
In his opinion, Judge Barker said the Biden administration’s legal interpretation of immigration law “stretches the law past its breaking point.” He also denied a request from those who benefit from the program to intervene in the case to defend it.
What is the “Keeping Families Together” Program?
The “Keeping Families Together” program which was launched in August 2024 was designed to help mixed-status families—where one spouse is a U.S. citizen and the other is undocumented—avoid long term separations.
This policy addressed the challenges faced by mixed-status families and was expected to impact 750,000 to 800,000 people.
Undocumented spouses have to leave the U.S. to apply for legal residency which can take years. The KFT program provided a pathway for these immigrant spouses to stay in the U.S. legally through a process called “parole in place.”
The KFT program provided deportation protections for undocumented spouses, allowing them to stay in the U.S. legally through a process called “parole in place.”
The Biden administration’s “Keeping Families Together” policy was supposed to support family unity and provide safety for undocumented spouses and stepchildren of U.S. citizens.
Under this program eligible individuals could apply for a green card without having to leave the U.S. to complete the process. The policy was supposed to reduce family separation caused by immigration backlogs and complex procedures.
Eligibility Requirements:
To be eligible you had to:
- Have been in the U.S. for at least 10 years.
- No security threat.
- Married to a U.S. citizen as of June 17, 2024.
- Process and Benefits: Approved applicants would get temporary protection from deportation, work authorization and 3 years to pursue permanent residency. The application was $580 and a detailed explanation of why you deserved humanitarian parole.
Key Facts of the KFT Program:
- Legally Remain: Spouses of U.S. citizens could apply to stay in the U.S. legally.
- Work Authorization: Eligible spouses could get work permits.
- Stepchildren: Stepchildren under 21 could be included in the application.
- 3 years of Legal Status: Approved applicants would get 3 years of legal status in the U.S.
- Impact: DHS estimated 500,000 families would have benefited from this policy.
Timeline of the Lawsuit
The lawsuit against the program started almost immediately after it was launched. Here’s the timeline:
- August 19, 2024: KFT program is launched and applications are open.
- August 23, 2024: Texas and 15 other states sue to stop the program.
- August 26, 2024:Federal judge issues a temporary injunction on approvals.
- October 4, 2024: Injunction extended to November 8.
- November 5, 2024: Trial starts in Tyler, Texas.
- November 7, 2024: Judge Barker rules the program unlawful and stops it permanently.
States’ Lawsuit
These officials along with many Republican lawmakers argued that the Biden administration didn’t have congressional authority to do this policy.
They also argued that the program would put a strain on states’ budgets by adding more people eligible for public benefits.
They argued that Congress had not granted the executive branch the statutory authority to implement such a policy, highlighting concerns over executive overreach.
- Points: Opponents said the policy was a political end-run around Congress, giving legal benefits to undocumented immigrants.
- State Impact: Texas and other states said it would add to the state’s budget.
- Attract More Undocumented Migrants: It would attract more migrants to the U.S. and potentially more unauthorized immigration.
Judge Barker agreed with these points
Judge Barker said the administration’s use of “parole in place” to grant status to undocumented spouses went beyond what the law allowed.
He said the rule focused on the benefits of legal status rather than the immediate presence of these individuals in the U.S. which is outside the scope of parole authority.
- Quote: “The Rule is not authorized by statute,” Judge Barker wrote, “the interpretation of ‘parole’ is beyond what Congress meant.”
- Impact to Beneficiaries: Without this policy, undocumented spouses of U.S. citizens will now live in the U.S. without legal status, causing more fear and uncertainty for affected families.
Judge Barker’s Bio
Judge Barker was appointed to the Eastern District of Texas by Trump in 2018 and installed as a district judge in 2019.
He has a history of ruling against Biden administration immigration policies. In 2021 he issued an injunction against the 100-day deportation pause, siding with Texas’s argument that the pause would cost the state more.
In this ruling he said the administration didn’t have the authority to do a program of this size without congressional approval.
A Court Friendly to Conservatives: Judge Barker sits on the Eastern District of Texas, a court where conservative states often file challenges to federal policies. This court has been the venue for many cases that test the limits of executive authority on immigration
Bigger Picture
The ruling fits into a larger political landscape where Biden administration policies are being challenged and blocked.
Trump’s Immigration Position: Throughout his campaign Trump repeated anti-immigrant talking points and promised to go after undocumented individuals. His win has heightened the anxiety in immigrant communities about what’s to come
This ruling is especially concerning for families who are worried about what’s next as President-elect Donald Trump gets back into office. Trump who ran on stricter immigration enforcement and “deportation nation” has promised to do even more on immigration than he did his first time around.
Impact on Undocumented Immigrant Families
The end of the KFT program leaves hundreds of thousands of families in limbo. Without this program undocumented spouses will have to leave the U.S. to apply for legal status and face long periods of separation and uncertainty.
- Separation: Families are now more fearful of separation as undocumented spouses have no path to residency without leaving the U.S. and potentially facing long re-entry bans.
- Legal Pathways: Noncitizen spouses already have legal pathways but have to leave the country, a process that can take years and put families at risk of permanent separation.
- DHS Statement: “Without this process hundreds of thousands of noncitizen spouses of U.S. citizens will instead remain in the United States without legal status, and these families will live in fear and uncertainty about their future,” DHS said in the June memo.
The ruling also highlights the complexities of relevant immigration law and the challenges faced by mixed-status families.
The ruling also shows the difficulties the Biden administration is having in doing immigration reform through executive action. Without legislative reform mixed-status families will continue to be at risk of separation and legal limbo.
This creates tremendous anxiety and stress for hundreds of thousands of families. Many are implementing steps to enhance their safety, and protect their children and assets.
Other Cases Challenging Federal Immigration Policies
This fits into a larger pattern of state-led challenges to federal immigration policies. Other big cases have shaped U.S. immigration policy and often tested federal authority and state economic interests. Here are some of them:
- DACA: Since 2012 the DACA programhas been challenged in court by states, claiming economic harm. While DACA has survived so far, the cases have shown the importance of state standing in immigration cases.
- Public Charge Rule (2019-2021): States challenged the Trump administration’s public charge rule, arguing it would cost the states more. This case showed how state cost arguments can sway immigration policy decisions.
- Humanitarian Parole Programs: Parole programs for specific groups like Afghans and Ukrainians have also been challenged in court. Courts have generally upheld federal parole authority but challenges continue to come up.
What’s Next for the Biden Administration and the KFT Program
After Judge Barker’s ruling the administration will likely appeal. The case will go to the 5th U.S. Circuit Court of Appeals which handles Texas immigration cases and is quick to rule on them, usually within 3-6 months.
If the case gets to the Supreme Court it could take another 6-18 months for a final decision.
- Appeal Timeline: The 5th Circuit could rule within months but if it gets to the Supreme Court it could be over a year.
- Trump’s Election: With President-elect Trump coming in, the Biden administration’s immigration policies will be rolled back further. Trump has promised to be tougher on immigration, including more deportations and limits on temporary protected status.
The Immigration Reform Struggle Continues
The KFT program shows the difficulties the Biden administration has in doing immigration policy through executive action alone. Without congressional support KFT and other programs are vulnerable to legal challenges and political change.
Now immigrant families wait. And prepare. Read this Guide on Safety Planning for Immigrant Families.Top of Form
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