Visa Lawyer Blog

Articles Posted in I-131F

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boy-2027487_1280In the last few days, the immigration world has been reeling from the results of the Presidential election. People across the nation are preparing for an incoming Trump administration that promises to be extremely tough on immigration.

While the future of many hangs in the balance, the federal courts have started taking action to undo the immigration policies of the Biden administration.

Just two days after Americans cast their ballots and elected Donald Trump to become the next President of the United States, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order in the case Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.), ending President Biden’s Keeping Families Together parole program.

In a short one-page ruling, the judge declared that the Biden administration lacked the authority to grant parole in place to undocumented aliens, and therefore set aside and vacated Biden’s Keeping Families Together program.

In doing so, judge Barker delivered the first major blow to Biden’s immigration friendly policies. This decision stops the government from accepting applications for parole in place under the program, which would have allowed undocumented spouses and stepchildren of U.S. Citizens to remain together during the immigration process.

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ai-generated-8489042_1280New details have emerged relating to a pending lawsuit before the U.S. District Court for the Eastern District of Texas known as  Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.), which is currently blocking the approval of applications filed under the Biden administration’s parole in place program.

Litigation Updates

On August 26th eleven individual intervening parties who stood to benefit from the parole in place program filed a motion to intervene in the Texas lawsuit.

Thereafter, on September 3rd the Texas district court judge denied the motion to intervene. As a result, the intervening parties filed an appeal before the U.S. Court of Appeals for the Fifth Circuit claiming the lower court’s denial of the motion to intervene was unjustified.

On September 11th  the Fifth Circuit Court ordered the lower court to freeze all proceedings until they have had the opportunity to hear the intervenors appeal.

A hearing date of October 10th has been set and the court has said that no further action can be taken in the lower court until that date.

The appellate court’s order states as follows, “Meaning no criticism of the district court’s recognition of the need for prompt resolution, this panel must have an opportunity to consider the merits briefs, scheduled to be received by September 16, and to hear argument on the appeal of the denial of intervention. Accordingly, we administratively STAY proceedings in the district court pending a decision on the merits or other order of this court. The stay issued by the district court will remain in effect pending further order of this court.”

What does this mean for parole in place applications?

In the meantime, USCIS can continue accepting and processing parole in place applications under the Keeping Families Together program, but it cannot approve cases until further notice.

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judgment-8442199_1280We have new developments to report relating to pending litigation for parole in place applications in the case Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.).

Yesterday evening, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order extending his previous administrative stay on parole in place (PIP) approvals for an additional 14-day period expiring on September 23, 2024.

The judge’s initial stay (of August 26th), which was set to expire on September 9, 2024, will now continue through September 23rd.

What does this mean for parole in place applications?

While the administrative stay is in place, those eligible for parole in place under the Keeping Families Together program can continue to submit the online Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens with the U.S. Citizenship and Immigration Services (USCIS).

USCIS will also continue to issue biometrics appointment notices to capture applicant biometrics during the administrative stay.

However, USCIS is prohibited from approving applications received for as long as the administrative stay is in place (currently until September 23rd)

This is because the Texas lawsuit challenges the legality of the Keeping Families Together program and approvals must be paused while the parties in the case make their arguments before the court, and a final ruling is made.

What’s next in the Texas lawsuit?

The court has ordered an accelerated hearing where motions for preliminary and permanent relief will be heard on September 18th.  The accelerated proceedings in this case mean that the judge could make a decision on the merits of the case in the coming months. However, despite the outcome in this case appeals are likely to be filed in district court.

Can the judge extend the administrative stay past September 23rd?

Yes. The judge may decide to extend the administrative stay past September 23rd in the future if it finds that good cause exists to do so throughout the litigation process.

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