Visa Lawyer Blog

BREAKING NEWS: Texas and 15 Republican States File Lawsuit Challenging Biden’s Parole in Place, What this Means for the Keeping Families Together Program

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IMPORTANT ALERT: On August 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days; the District Court might extend the period of this administrative stay.

While the administrative stay is in place, USCIS 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 impact parole applications that were approved before the administrative stay order was issued by the court.

WARNING:

The court expects that good cause may exist to extend the administrative stay for additional periods through mid-October. The court is also scheduled to decide whether the plaintiff’s Motion for a Temporary Restraining Order, Preliminary Injunction, and Summary Judgment will be issued during the month of October.

Immediate Call to Action

If you are eligible for parole in place under the Keeping Families Together program, you must take immediate action and submit the online application Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, as soon as possible before time runs out. A court order may soon prohibit USCIS from accepting applications for parole in place. For assistance with your application, contact us at 619-819-9204 or text 619-569-1768 for a consultation. 

gavel-7233485_1280We bring you this breaking news to announce that on Friday, August 23, 2024, Texas along with 15 other Republican-led states filed a lawsuit in the U.S. District Court for the Eastern District of Texas, seeking to invalidate the parole in place program established by President Biden’s June executive order.

The U.S. Citizenship and Immigration Services (USCIS) began accepting applications for parole in place on Monday August 19th to keep families of U.S. Citizens together. This program allows certain undocumented spouses and stepchildren of U.S. Citizens who entered the country without inspection, to legalize their status without departing the United States.

Those eligible can apply for parole in place using the new online Form I-131F, and if approved, are given three years to apply for temporary work authorization and permanent residency. The administration estimates about 500,000 people could be eligible, plus about 50,000 of their children.

The program is meant to eliminate the need for such individuals to go through the cumbersome extreme hardship “waiver” process, which requires undocumented spouses of U.S. Citizens to receive an approved waiver from USCIS, before applying for an immigrant visa at a U.S. Consulate abroad.

Unfortunately, the Republican-led coalition is seeking to put an end to the program claiming that the Biden administration has abused their power in creating it. These states argue that only Congress has the authority to enact legislation that would authorize a program like parole in place.

Court filings also accuse the Biden administration of unlawfully creating a pathway to permanent residency for these individuals solely for political purposes, due to the fast-approaching presidential election.

In a statement Ken Paxton, the attorney general of Texas said that parole in place would worsen “the illegal immigration disaster that is hurting Texas and our country.” 

Florida Attorney General Ashley Moody said her state is challenging the parole in place policy because she believes the Biden administration “is illegally using ‘parole’ in a systematic way to advance their open-borders agenda.”

A spokesperson for the White House has said that the Biden administration is prepared to vigorously defend Biden’s parole in place policy stating, “Republican elected officials continue to demonstrate that they are more focused on playing politics than helping American families or fixing our broken immigration system. This lawsuit is seeking to force U.S. citizens and their families, people who have lived in the United States for more than ten years, to continue to live in the shadows.”

The Department of Homeland Security also responded to the lawsuit saying that the parole in place program is grounded in well-established legal authority and its purpose—to allow families of U.S. Citizens to live together without fear of separation—is rooted in our American values.

How does this lawsuit impact applications for parole in place?

The lawsuit puts the parole in place program in danger of being paused until a federal judge hears the merits of the case. The plaintiff’s in the lawsuit have asked the judge to grant a Temporary Restraining Order, Preliminary Injunction, and Stay of Action.

If granted by the judge, this would put the parole in place program on pause—meaning that a court order could stop USCIS from accepting new applications.

As it stands, USCIS continues to accept and adjudicate I-131F applications for parole in place until a court order prohibits them from doing so, which could be imminent.

Immediate Call to Action

If you are eligible for parole in place under the Keeping Families Together program, you must take immediate action and submit the online application Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, as soon as possible.

Time is of the essence because the existence of the program is currently under attack.

While USCIS is still accepting applications, this could change in the very near future if the plaintiff’s motion for a temporary restraining order and preliminary injunction is granted by the judge. If a court order prohibits USCIS from accepting cases, your window of opportunity to apply for this program may close forever.

Take action now!

Where Can I Find More Information?

For further information about the parole in place application process, please visit our webpage where we have prepared a detailed FAQ section addressing your concerns.

Please also visit the Keeping Families Together USCIS webpage for more updates and our helpful links below.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

Helpful Links

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Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.

For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.