Parole in Place Lawsuit Intensifies as Intervening Parties Appeal to the Fifth Circuit Court of Appeals

New 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 26^th 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 3^rd 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 11^th 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 10^th 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.

IMMEDIATE CALL TO ACTION

Although pending court proceedings limit the approval of Form I-131F applications, undocumented spouses and stepchildren of U.S. citizens eligible for PIP under the Keeping Families Together program should discuss the possibility of filing their application with an immigration attorney as soon as possible.

Applicants who receive biometrics appointments for PIP applications filed with USCIS should continue to attend their appointments.

Since it is not certain whether additional court orders could stop the acceptance of applications in the near future it is very important for qualifying applicants to act now to discuss the pros and cons of filing a PIP application.

If you have questions about your eligibility for the program, please contact us to schedule a consultation.

For more information about this lawsuit, please click here.

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

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