Judge extends pause on Biden’s parole program for undocumented families

A federal judge has extended a temporary block on the Biden administration’s “Keeping Families Together” policy, a program designed to create a pathway to citizenship for nearly 500,000 undocumented immigrants married to U.S. citizens. Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas extended the block until September 23, allowing more time for legal arguments and a possible hearing.

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Last month, Judge Barker issued a 14-day stay, halting the Department of Homeland Security (DHS) from processing applications or granting parole under the policy. During this period, DHS can continue accepting applications, though no action will be taken on them. The stay can be extended if necessary or with the consent of all parties involved.

The ruling comes in response to a lawsuit filed by 16 Republican-led states against DHS and other Biden administration officials. Texas leads the lawsuit, with support from states including Florida, Georgia, and Ohio. The lawsuit argues that the policy violates the Constitution and exacerbates the immigration crisis, particularly impacting border states like Texas.

Judge Barker cited several reasons for his decision. He emphasized the need to preserve the court’s ability to reverse the program’s effects if the states win the lawsuit, noting that the states’ claims warrant closer examination. By temporarily pausing the program, the court aims to prevent any irreversible actions while it evaluates the case.

The court has set an expedited schedule, with key deadlines in September and October. A hearing on the case is expected to take place shortly after October 10.

The Keeping Families Together policy is an expansion of an existing program known as “parole in place.” It allows undocumented spouses and stepchildren of U.S. citizens to apply to stay in the country temporarily. If approved, they may then seek a marriage green card without leaving the United States. The White House estimates that the program could benefit approximately 500,000 undocumented spouses and 50,000 stepchildren.

Applicants must meet specific requirements to qualify, including continuous residency in the U.S. for at least 10 years and being married to a U.S. citizen by June 17, 2024. They must also have no criminal history or security concerns. The application process includes a $580 fee and submission of Form I-131F, along with a personal statement and proof of continuous presence in the country.