A federal judge in Texas found the Biden administration’s spousal parole program lacked authority. As such, the rule’s block continues. The program offered qualifying noncitizen spouses and stepchildren the ability to parole in place, rather than leaving the country, while applying for work authorization and legal permanent resident status.

A group of 16 states challenged the Keeping Families Together spousal parole program, claiming the Immigration and Nationality Act (INA) provides paroling immigrants solely when coming into the United States. It does not support parole for those already in the country. The judge agreed with their argument.

The program, introduced in August 2024, has been the subject of ongoing legal action. The program was blocked almost immediately after being announced. Under the rule, qualifying noncitizens who entered the U.S. without a legal basis would be able to apply for legal status without leaving the country. If required to leave the U.S., some risk facing a 10-year ban on reentry.

If you have questions about employment-based or family-based U.S. immigration, contact us at ILBSG. Our clients work directly with attorneys to ensure they get the right advice for their particular situations.

Spousal Parole