The Biden Administration claims Texas has no standing to challenge the ‘Keeping Families Together’ spousal parole program. As such, the state has no basis to challenge the regulation, and the lawsuit should be dismissed. In their argument, the U.S. Department of Homeland Security (DHS) states the indirect cost of education, healthcare, and law enforcement Texas identifies as their basis are merely speculative at this point.

Texas claims their costs to provide these services will be reduced if the program ends. Individuals would leave the U.S. in order to apply for their legal status, reducing the number of individuals in the state and therefore, the state costs. DHS points to a recent U.S. Supreme Court finding that rejected the indirect financial costs identified by Texas in this challenge as a legal basis. In that matter, U.S. v. Texas, the justices found that Texas and Louisiana lacked standing. They identified the same type of indirect expenses in that challenge.

In Texas’ response, they identify an estimated $232.7 million in fiscal year 2023 to educate unauthorized children. Further, they claim a cost of $97.5 million in the last fiscal year to provide emergency Medicaid services to unauthorized immigrants. Finally, they claim DHS misinterpreted the Supreme Court justices finding, as it addressed whether the state is being prosecuted or not and does not address financial standing.

The Keeping Families Together program offers qualifying noncitizens who entered the U.S. without a legal basis to remain in the U.S. while their green card application is processed. The program is offered to foreigners in a valid marriage to a U.S. citizen and their stepchildren. The program, introduced in June 2024, was paused in August and again in September 2024.

If you have questions about the spousal parole program or any other U.S. immigration issue, contact us at ILBSG. Our clients work directly with their attorney to ensure they get the right advice.

Keeping Families Together Spousal Parole