Important:
November 15, 2024: A federal judge has struck down Biden’s Parole in Place expansion. USCIS will no longer accept new Form I-131F applications and will also stop processing any pending applications. All scheduled Application Support Center appointments for Form I-131F are canceled. USCIS will turn you away if you arrive for this appointment.
A judge on Wednesday extended the temporary block on the implementation of the Biden administration’s “Keeping Families Together” policy, which aims to provide a path to citizenship for nearly half a million undocumented immigrants married to U.S. citizens.
Key Takeaways:
- The temporary hold on the implementation of Biden’s “Keeping Families Together” policy has been extended until Sept. 23
- USCIS can still accept applications but cannot approve them during this time
- 16 Republican-led states sued to stop the program, claiming it’s unconstitutional
- The judge wants more time to review the program’s legality
- Eligible individuals can still apply without penalty
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas extended the temporary block on the policy until September 23 to allow for legal arguments and a potential hearing.
The same judge had late last month issued a 14-day stay, preventing the Department of Homeland Security (DHS) from processing applications or granting parole under the new rule. However, the agency can continue accepting applications during this period. The stay can be extended for good cause or if all parties consent.
The judge’s order is a response to a lawsuit filed by 16 Republican-led states against the Department of Homeland Security and other Biden administration officials. Judge Barker explained his decision by saying:
- The court needs to keep its options open. If the states win their lawsuit, the judge wants to be able to fully reverse the effects of the program.
- The claims made by the states seem serious enough to deserve a closer look.
- By pausing the program now, the judge can prevent any irreversible actions while the court thoroughly examines the case.
In simpler terms, the judge is pressing a “pause” button on the program to give the court time to carefully consider whether it’s legal or not without letting it go into effect in a way that might be hard to undo later.
The court has set an expedited schedule for the case, with key deadlines in September and early October. A hearing on preliminary relief and summary judgment is expected to be scheduled soon after October 10.
Background on the Lawsuit and Program
The lawsuit, filed on August 23, 2024, in Tyler, Texas, claims the policy “violates the Constitution and actively worsens the illegal immigration disaster that is hurting Texas and our country.” Texas spearheaded the suit, which is supported by states including Florida, Idaho, Alabama, Arkansas, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Wyoming.
In response to the lawsuit, a group of undocumented immigrants who stand to benefit from the program, along with their U.S. citizen spouses and the Coalition for Humane Immigrant Rights (CHIRLA), have filed a motion to intervene in the lawsuit to defend the program.
The new policy, an expansion of an existing program known as “parole in place,” allows certain undocumented spouses and stepchildren of U.S. citizens to temporarily apply to remain in the country. If granted, they can potentially apply for a marriage green card without having to leave the United States. The White House estimates the program could benefit roughly 500,000 undocumented spouses and 50,000 stepchildren.
Learn how to complete Form I-131F with Boundless’ free, detailed parole-in-place workbook, and move forward with us towards obtaining your marriage green card. Get started.
Eligibility and Application Process
To qualify for the Keeping Families Together program, applicants must have lived in the U.S. continuously for at least ten years, be married to a U.S. citizen as of June 17, 2024, and have no disqualifying criminal history or security threats. The application process includes a $580 fee and requires a detailed application (Form I-131F) with a personal statement and evidence of continuous presence in the country. For more details, Boundless has put together a detailed guide on how to apply for Parole in Place.
Opposing Views
DHS spokesperson Mayra Alejandra defended the program, stating, “Keeping Families Together is grounded in well-established legal authority, and its purpose — enabling the families of U.S. Citizens to live without fear of separation — is consistent with fundamental American values.”
However, the lawsuit claims the program encourages illegal immigration and imposes undue financial burdens on states, citing potential increases in demand for state-funded services and potential downward pressure on wages.
The Bottom Line
Here’s what the temporary block means for applicants and their families:
- U.S. Citizenship and Immigration Services (USCIS) can continue to accept applications for the “Keeping Families Together” program.
- However, USCIS cannot adjudicate (make decisions on) these applications during the stay.
- Applying for the program is not restricted. If you’re eligible, you can still submit your application.
- If the stay is lifted and USCIS can begin processing applications, those who applied during the stay will not be penalized or barred from consideration.
The situation remains fluid, and potential applicants should stay informed about any updates to the program’s status. Despite the current pause in adjudications, eligible individuals may want to consider preparing their applications, as there’s no prohibition on submitting them at this time.
Prepare today with Boundless’ detailed parole-in-place workbook, and move forward with us towards obtaining your marriage green card. Get started.