The Texas federal court that blocked the Keeping Families Together program is being challenged to remove the temporary halt to the spousal parole program by the Biden administration. The argument claims lack of financial harm to the states that challenged the program. The states claim the program increases their populations and as such, they will have an increase in costs and therefore a legal basis to challenge the initiative.

The program is solely available to spouses of U.S. citizens, and their stepchildren, who are already in the U.S. As such, the U.S. Department of Homeland Security (DHS) states there is no impact to each state’s population. To qualify for the program, individuals must be living in the U.S. for a minimum of ten years as of June 17, 2024. Individuals who do not meet this standard are not eligible for the program. Further, noncitizen stepchildren must have been under 18 when they became stepchildren, must be unmarried and under 21 years of age as of June 17, 2024. An estimated 500,000 noncitizen spouses and 50,000 stepchildren could meet the requirements and apply for permanent legal resident status.

Without the program, these noncitizens are likely to stay in the U.S. Some may apply for provisional unlawful presence waivers which shortens the time required to be abroad in order to qualify for an immigrant visa. Some may choose to stay in the U.S. without pursuing a change of status. In either case, there is no impact to the population of each state.

In general, noncitizens who are married to U.S. citizens are likely able to apply for a family-based green card. However, without the spousal parole program, they are required to leave the U.S. and apply from outside the country. Due to their status, these individuals may be barred from reentering the U.S. for ten years. The program offers these individuals already living in the U.S. and married to U.S. citizens, among other requirements, the option to remain in the country and receive a temporary immigration status. They are then potentially eligible to file for a green card.

The Texas-led group of states filing the request to block the program claim the spousal parole program exceeds the Biden administration’s powers. They argue the Immigration and Nationality Act (INA) specifies parole options on a case-by-case basis, and only for significant public benefit or urgent humanitarian reasons. The U.S. District Judge issued the 14-day temporary stay of the program to further review the program. DHS argues that the stay is not valid unless the states show they are entitled to further relief, including demonstrating they have a right to sue and would likely win.

DHS responds to these claims, claiming the group of states can’t prove they have standing as there is no proof the program increases their populations. The program does not limit the federal government from removing people, as those eligible for the spousal parole program are not a priority for removal. Finally, DHS states the program is a lawful use the Executive Branch’s parole authority as there are no assurances that each case will be granted. The process of a case-by-case review remains intact per the program.

If you have questions about the Keeping Families Together program offering spousal parole in place, contact us. Our team of attorneys work directly with each client to ensure they get the right advice for their particular situations, considering all possible options for each client to reach their immigration goals.

Keeping Families Together Spousal Parole