A federal judge in Texas ruled that the Biden administration’s spousal parole program does not have the legal authority to operate, so the program remains blocked. This program was designed to allow certain noncitizen spouses and stepchildren to stay in the U.S., instead of having to leave the country, while applying for work permits and permanent residency.

A group of 16 states challenged the Keeping Families Together program, arguing that the Immigration and Nationality Act (INA) only allows parole for people entering the U.S., not for those already here. The judge agreed with this argument.

The program, introduced in August 2024, faced legal challenges almost immediately. Under the program, noncitizens who entered the U.S. without proper legal status could apply for legal residency without leaving the country. Leaving the U.S. could result in a 10-year ban from reentering.

If you have questions about family-based or employment-based immigration U.S. immigration, contact us. Our attorneys work directly with clients every step of the way to provide expert guidance for their specific situations.