On Monday, August 26, 2024, a Texas federal judge issued a 14-day temporary pause on the Biden administration’s Parole in Place program, “Keeping Families Together,” which grants parole for certain noncitizen spouses and stepchildren of U.S. citizens who are seeking green cards. The temporary pause follows a lawsuit, State of Texas et al. v. United States Department of Homeland Security et al., filed by 16 states, which accuses the Biden administration of exceeding its authority.
While the administrative stay is in place, DHS will:
- Not grant any pending parole in place requests under Keeping Families Together.
Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. - The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued.
The lawsuit argues that PIP is unlawful because it will provide citizenship to people who are in the country illegally, and because of this, the program exceeds the federal government’s authority to determine parole on a case-by-case basis. The lawsuit also claims that the PIP program was created for “blatant political purposes” and that the Biden-Harris administration is “working to turn the United States into a nation without borders and a country without laws.”
More Information About the “Keeping Families Together” Program
President Biden announced the program in June, and on August 19, 2024, the Biden administration released its much anticipated Parole in Place (PIP) program for spouses and children of U.S. citizens. The program will allow around 500,000 spouses of U.S. citizens to apply for residency and waivers of unlawful presence.
- Undocumented immigrants who are legally married to a U.S. citizen, have been in the U.S. for at least ten years, and have no criminal history are eligible for the program.
- Undocumented immigrants with felony convictions and certain criminal histories are automatically disqualified from the program, but those with minor offenses can make their case to USCIS on why they should receive approval.
- In addition, those who entered the U.S. on a valid visa and overstayed their status are not eligible for the program.
- Around 50,000 children of undocumented spouses who have lived in the U.S. for ten years will also be eligible for relief.
Following the program’s launch on August 19, some eligible applicants have already applied and received protection.
Erickson Insights and 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.