Temporary Hold on “Keeping Families Together” Policy: What This Means for Immigrants

A federal judge has issued a temporary administrative hold on the Biden administration’s “Keeping Families Together” policy, which aims to provide a pathway to citizenship for nearly half a million undocumented immigrants married to U.S. citizens.

Key Points to Know:

• Duration of Hold: The hold on implementing the policy lasts for 14 days, with a possibility of extension.
• Application Status: U.S. Citizenship and Immigration Services (USCIS) can accept applications but cannot approve them during this period.
• Legal Challenge: The policy is facing a lawsuit from 16 Republican-led states, arguing it is unconstitutional.
• Reason for the Hold: The judge wants additional time to review the legality of the program.
• Applicant Rights: Eligible individuals can still apply without facing penalties.

Understanding the Temporary Hold

Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued a 14-day stay, preventing the Department of Homeland Security (DHS) from processing or approving applications under the new rule. However, USCIS will continue to accept applications during this period. This stay can be extended if necessary or if all parties involved agree.

This decision stems from a lawsuit filed by 16 Republican-led states against the DHS and other officials of the Biden administration. The states argue that the policy violates the U.S. Constitution and could exacerbate the existing challenges of illegal immigration. In response, Judge Barker has decided to pause the program temporarily to ensure the court has ample time to evaluate its legal grounds thoroughly.

Implications for Applicants

The temporary restraining order means that, for now, applications can be submitted but not processed. Here’s what potential applicants need to know:

• Applications Accepted: USCIS is still accepting applications for the “Keeping Families Together” program.
• Processing Halted: No decisions will be made on these applications during the 14-day period.
• No Penalties: Submitting an application during this time will not lead to penalties or disqualifications if the stay is lifted.

Background of the Lawsuit

The lawsuit, initiated on August 23, 2024, in Tyler, Texas, claims the policy is unconstitutional and would worsen illegal immigration, impacting states financially and economically. Texas, along with 15 other states including Florida, Alabama, and Ohio, argue that the policy would increase demands on state-funded services and could negatively impact local wages.

In defense of the program, a group of undocumented immigrants who would benefit from the policy, their U.S. citizen spouses, and the Coalition for Humane Immigrant Rights (CHIRLA) have filed a motion to intervene, supporting the policy’s goals and legality.

What is the “Keeping Families Together” Policy?

The policy is an expansion of the existing “parole in place” program, allowing certain undocumented spouses and stepchildren of U.S. citizens to apply to remain in the country temporarily. If successful, these individuals could potentially apply for a marriage green card without having to leave the United States. According to the White House, the program could benefit approximately 500,000 undocumented spouses and 50,000 stepchildren.

Before the “Keeping Families Together” policy, undocumented immigrants married to U.S. citizens often faced significant challenges if they wanted to legalize their status. Typically, these individuals were required to leave the United States to apply for a green card at a U.S. consulate in their home country, which often triggered a bar on reentry due to their previous unlawful presence. This process, known as “consular processing,” could lead to a 3-year or 10-year ban from returning to the U.S., depending on how long they had lived in the country without legal status. To overcome this, many had to apply for a waiver of inadmissibility, proving that their absence would cause extreme hardship to their U.S. citizen spouse or family member (USCIS).

Eligibility and Application Process

To qualify for the program, applicants must meet the following criteria:

• Residency: Have lived continuously in the U.S. for at least ten years.
• Marital Status: Be married to a U.S. citizen as of June 17, 2024.
• Criminal Background: Have no disqualifying criminal history or security threats.

The application process involves a $580 fee, submitting Form I-131F, a personal statement, and evidence of continuous presence in the U.S.

Different Perspectives on the Policy

The Department of Homeland Security (DHS) defends the program, with spokesperson Mayra Alejandra stating that the policy is legally grounded and aims to help families live without the fear of separation. On the other hand, the opposing states argue that the policy could encourage illegal immigration and place additional financial burdens on state resources.

Moving Forward

The situation is evolving, and it’s crucial for potential applicants and their families to stay informed about any changes in the program’s status. For those eligible, preparing applications now can be a prudent step, as there is no prohibition against submitting applications during this pause.

Stay updated on the latest developments and consider seeking legal advice to understand your rights and options better.