Texas Judge Extends Block on Biden’s “Keeping Families Together” Immigration Program

On August 26, 2024, the United States District Court for the Eastern District of Texas issued a significant ruling in the case Texas v. Department of Homeland Security. The court administratively stopped the Department of Homeland Security (DHS) from granting parole in place under the Biden administration’s Keeping Families Together program for a period of 14 days. This stay has since been extended, remaining in effect through September 23, 2024. 

The upcoming September 18 hearing regarding the Keeping Families Together program is drawing significant attention. This hearing, set to take place in the United States District Court for the Eastern District of Texas, could significantly impact the future of the program, which seeks to provide legal status to undocumented spouses and stepchildren of U.S. citizens.  

What Does This Mean for the Program? 

The Keeping Families Together program was launched by the Biden administration as part of an effort to provide legal status to around 500,000 undocumented immigrants married to U.S. citizens. Many of these individuals have lived in the U.S. for over a decade, and the program aims to offer a pathway to citizenship while preventing years-long separation for families. Applications for the program opened recently, offering hope to families dealing with immigration challenges. 

However, due to the court’s administrative stay, U.S. Citizenship and Immigration Services (USCIS) has implemented the following measures to comply with the ruling: 

• No Parole Approvals: USCIS will not grant any pending requests for parole in place under the Keeping Families Together program until the stay is lifted. 

• Form Submissions Still Accepted: USCIS will continue accepting filings of Form I-131F, which is the application for parole in place for certain noncitizen spouses and stepchildren of U.S. citizens. 

• Biometric Appointments Ongoing: Applicants will still be able to attend scheduled biometric appointments at Application Support Centers (ASCs) for processing. 

What Isn’t Affected by the Court’s Order 

Importantly, the court’s administrative stay does not affect applications that were already approved before August 26, 2024, at 6:46 p.m. Eastern Time. Those who were granted approval before this time will retain their status, and no changes will be made to their cases. 

Opposition and Legal Challenges 

The program has faced strong resistance, particularly from Texas and other Republican-led states. They argue that the Biden administration has overstepped its executive authority by bypassing existing U.S. immigration laws. A coalition of states, supported by legal action from America First Legal—an organization associated with former Trump adviser Stephen Miller—has challenged the program, claiming that it undermines the current immigration system. 

What’s Next? 

With the administrative stay in place until at least September 23, legal arguments will continue, and the courts will eventually decide the program’s legality. In the meantime, thousands of families are left in limbo, waiting for further legal developments that could shape the future of U.S. immigration policy. 

What Should You Do? 

The recent court decision blocking the Parole in Place program has introduced uncertainty for many families. By staying informed, working with a team of experienced immigration lawyers, and preparing for various outcomes, you can better navigate this challenging period and remain ready for any changes that may come. 

Despite this blocking of the program, it remains crucial for eligible individuals to continue filing their applications.

Fifth Circuit Pauses Lower Court Proceedings

The Fifth Circuit Court has issued an order on September 11, 2024 temporarily halting proceedings in the lower court while it considers an appeal from intervenors in an immigration-related case. The intervenors requested a prompt decision on their appeal before the lower court’s scheduled hearing, but the Fifth Circuit instead set a hearing date for October 10. Until then, U.S. Citizenship and Immigration Services (USCIS) can continue accepting and processing applications but cannot approve any cases. The court emphasized the need to review the merits of the appeal before proceeding with further actions.

Planning Your Roadmap to Success    

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become a reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.    

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LaToya McBean Pompy immigrated to the United States herself. Her experience sparked an interest in helping many families unite in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you.