Judge Extends Hold on Biden’s “Keeping Families Together” Policy

Judge Extends Hold on Biden’s “Keeping Families Together” Policy

On Wednesday, a federal judge extended a temporary block on the Biden administration’s “Keeping Families Together” initiative, which seeks to create a pathway to citizenship for around 500,000 undocumented individuals married to U.S. citizens.

Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas decided to maintain the pause on the policy until September 23, allowing more time for legal discussions and a possible hearing. Previously, the judge had issued a 14-day hold in late August, preventing the Department of Homeland Security (DHS) from approving applications or granting benefits under the new policy. However, DHS is still permitted to collect applications during this time. The block may be extended further if there are valid reasons or if both sides agree.

This court order comes in response to a lawsuit filed by 16 Republican-led states against DHS and officials within the Biden administration. In his ruling, Judge Barker outlined his reasoning:

• The court needs flexibility in case the states prevail in their lawsuit, to reverse the policy’s effects.
• The claims made by the states appear serious enough to require deeper examination.
• Pausing the policy now allows the court to prevent any irreversible outcomes while the case is being reviewed.

Essentially, the judge is hitting “pause” to give the court time to determine whether the policy is legal, without letting it proceed in ways that may be difficult to undo later.

The court has expedited the case, setting deadlines in September and early October, with a hearing likely to be scheduled soon after October 10.

Background of the Lawsuit and Policy

The lawsuit, filed on August 23, 2024, in Tyler, Texas, argues that the policy violates constitutional principles and worsens the issue of illegal immigration that is affecting Texas and the country. The lawsuit is led by Texas, with support from other states like Florida, Alabama, and Georgia.

In response, a group of undocumented immigrants who would benefit from the policy, along with their U.S. citizen spouses and the Coalition for Humane Immigrant Rights (CHIRLA), have filed a motion to intervene in the lawsuit in order to defend the program.

The “Keeping Families Together” policy builds on the existing “parole in place” program, which allows certain undocumented spouses and stepchildren of U.S. citizens to apply to remain in the U.S. temporarily. If approved, they can seek a marriage-based green card without leaving the country. The White House has estimated that the policy could help around 500,000 undocumented spouses and 50,000 stepchildren.

How the Policy Works and Who Qualifies

To be eligible for the “Keeping Families Together” program, applicants must meet several criteria:

• Have lived in the U.S. for at least 10 continuous years.
• Be married to a U.S. citizen as of June 17, 2024.
• Have no criminal record or pose any security threats.

The application process involves a $580 fee, along with submitting Form I-131F, which includes a personal statement and proof of continuous residence. Those interested in applying can refer to Boundless for a detailed guide on how to complete the Parole in Place application.

Conflicting Opinions on the Policy

A DHS spokesperson defended the program, stating that it is based on established legal principles and reflects the core American value of keeping families together by ensuring U.S. citizens’ family members can live without the fear of being separated.

On the other hand, states opposing the policy argue that it encourages illegal immigration and places an undue financial burden on them, citing increased demand for public services and potential negative impacts on wages.

What This Means for Applicants

Here’s what the temporary block means for those hoping to apply under the program:

• USCIS will continue to accept applications for the “Keeping Families Together” program.
• However, USCIS is temporarily prohibited from processing or approving these applications while the hold is in place.
• If you are eligible, you can still submit your application during this time.
• Should the hold be lifted, any applications submitted during this pause will still be considered without any penalties.

Though the situation is uncertain, those who qualify for the program may want to continue preparing and submitting their applications, as there is no restriction on doing so. It is important for applicants to stay updated on any changes to the program’s status.

---