The Biden Administration says Texas cannot challenge the ‘Keeping Families Together’ spousal parole program. They argue that Texas has no standing to fight the program, so the lawsuit should be dismissed. The U.S. Department of Homeland Security (DHS) claims that Texas’s concerns about costs for education, healthcare, and law enforcement are just estimates and not based on solid evidence.

Texas argues that if the program ends their costs would go down because fewer people would be living in the state while waiting for legal status. They say that many individuals would leave the U.S. to apply for their green cards, which would lower the costs for the state. DHS points to a recent Supreme Court ruling in a similar case, U.S. v. Texas, where the justices said that Texas and Louisiana did not have a valid reason to bring their financial claims.

In response, Texas claims that it spent about $232.7 million in the 2023 fiscal year to educate children without legal status. They also say they spent $97.5 million last year on emergency Medicaid services for unauthorized immigrants. Texas believes that DHS misunderstood the Supreme Court’s decision, which was about whether the state could be sued, not about financial claims.

The Keeping Families Together program allows eligible noncitizens married to U.S. citizens to stay in the country while they apply for a green card. The program is offered to foreigners in a valid marriage to a U.S. citizen and their stepchildren. This program started in June 2024 but was paused in August and September 2024.

If you have questions about the spousal parole program or any other U.S. immigration issues, contact us. Our attorneys work directly with our clients every step of the way to ensure they receive expert guidance.