Last week, U.S. District Judge J. Campbell Barker ruled that the Biden administration did not have statutory authority under the Immigration and Nationality Act (INA) for their expanded Parole in Place (PIP) program.
- In June, the Biden administration announced they would use the PIP program to allow undocumented spouses of U.S. Citizens and their minor children to apply for lawful permanent residence. Under current law, undocumented spouses are eligible to become lawful permanent residents but need to return to their country of origin for ten or more years before being able to return to the U.S. to complete the green card process.
- In August, Texas and 15 other Republican-led states challenged the program, arguing that by creating the program, the DHS exceeded its authority and violated the Administrative Procedure Act.
Now that Judge Barker has ruled against the PIP expansion, the program is unlikely to continue in the waning days of the Biden administration, and the Trump administration is unlikely to defend PIP in court.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.