Visa Lawyer Blog: November 8, 2024 Federal Judge Ends Biden’s Keeping Families Together Program, Causing Devastating Results for Undocumented Spouses Of U.S. Citizens
People across the nation are preparing for an incoming Trump administration that promises to be extremely tough on immigration. People across the nation are preparing for an incoming Trump administration that promises to be extremely tough on immigration.
While the future of many hangs in the balance, the federal courts have started taking action to undo the immigration policies of the Biden administration.
Just two days after Americans cast their ballots and elected Donald Trump to become the next President of the United States, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order in the case Texas et. al. vs. DHS et. Case No. 6:24-cv-00306 (E.D. 6:24-cv-00306 (E.D. Tex. Judge Barker’s decision dealt the first major blow against Biden’s immigration-friendly policies. This decision stops the government from accepting applications for parole in place under the program, which would have allowed undocumented spouses and stepchildren of U.S. Citizens to remain together during the immigration process.
Perhaps the most devastating aspect of this decision is that thousands of undocumented spouses and stepchildren of U.S. Citizens had already applied for parole in place under the Keeping Families Together program. The U.S. began accepting applications for the program. Citizenship and Immigration Services, (USCIS), on August 19, 2024.1001010By the 23rd of August Texas and fifteen Republican states filed a suit in federal court to block the implementation of the program. USCIS was still accepting applications, but the court prohibited USCIS from approving them while litigation was ongoing. The program is now no longer available.
Keeping Family Together was a beacon of light for undocumented spouses of U.S. citizens and their stepchildren to legalize status without leaving the United States. The program offered them protections to remain in the United States while applying for lawful permanent residency.
Many spared significant time and expense to pay costly attorney’s fees and filing fees for parole in place. The government did not offer any fee waivers or exemptions. The fee for applying for parole in place is $580. Families are now forced to forfeit the fees and remain in limbo. Many will have to weigh their options, including whether to move forward with the lengthy and complicated extreme hardship waiver process, while others may explore other options to apply for permanent residency from inside the United States.
A Nonsense Ruling
Republican antagonism towards the Keeping Families Together program makes little sense, considering that under the law, undocumented spouses of U.S. Citizens are already eligible to apply for permanent residency. Biden’s parole program simply streamlined the process by eliminating the need for applicants to apply for an extreme hardship “waiver” with USCIS and having to leave the United States to apply for an immigrant visa at a U.S. Consulate abroad.
Sadly, the political climate has made it impossible to have meaningful discourse to improve our immigration system. The ultimate cost is paid by American families. The Biden administration has not yet decided whether it will appeal the judge’s ruling. Angelo Fernandez Hernandez, a spokesperson for the White House, told reporters that “we strongly disagree with yesterday’s ruling and are evaluating our next steps.” This ruling is in favor of Republican state officials, who want to force U.S. Citizens and their families who have lived in America for more than 10 years to live in the shadows or separate. The President has stated that America is not a nation that tears families apart. Our Administration believes that American families should remain together. This process allows those who are already eligible to obtain lawful permanent residence to remain in the United States and be with their families throughout this process, rather than being torn apart. Our office is committed to finding alternative paths for you to remain with your families in the United States. Our office remains committed to finding alternative paths for you to remain with your families in the United States.
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