A Texas federal court that stopped the Keeping Families Together program is being challenged to lift this hold on the spousal parole program by the Biden administration. The Department of Homeland Security argues that the states challenging the program aren’t financially harmed by it. The states believe the program will increase their populations and costs, giving them a reason to oppose it.

This program is only available for the spouses and stepchildren of U.S. citizens who are already living in the U.S. Therefore, the Department of Homeland Security (DHS) says it won’t change each state’s population. To be eligible, individuals must have lived in the U.S. for at least ten years by June 17, 2024. Noncitizen stepchildren must have been under 18 when they became stepchildren and must be unmarried and under 21 as of June 17, 2024. About 500,000 noncitizen spouses and 50,000 stepchildren might be eligible for permanent legal residency.

Without this program, these noncitizens would likely remain in the U.S. Some might apply for waivers to shorten their time abroad needed for an immigrant visa, while others might stay in the U.S. without changing their status. Either way, it doesn’t affect the population of the states.

Typically, noncitizens married to U.S. citizens can apply for a family-based green card, but they must leave the U.S. and apply from abroad. They might be barred from reentering the U.S. for ten years. The spousal parole program allows those already in the U.S. to stay temporarily and eventually apply for a green card.

The states opposing the program argue that it exceeds the Biden administration’s authority. They claim the Immigration and Nationality Act (INA) only allows parole on a case-by-case basis for significant public benefit or urgent humanitarian reasons. The judge has temporarily paused the program for 14 days to review it. DHS argues that the pause is not valid unless the states can prove they are entitled to further relief, including they have a right to sue, and show they are likely to win.

DHS says the states haven’t proven that the program increases their populations. Further, DHS argues that the program does not prevent the federal government from removing people, as those eligible for the spousal parole program are not a priority for removal. DHS also says the program uses the Executive Branch’s parole authority properly, as there are no guarantees that each case will be granted. Thereby the process of a case-by-case review remains intact.

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, every step of the way, considering all possible options for each client to reach their immigration goals.