- Background on the Keeping Families Together Parole in Place Program
On August 19, 2024, the US Citizenship & Immigration Service launched the Keeping Families Together Parole in Place program. The purpose of this program was to allow individuals who entered the U.S. without inspection more than ten years ago and are married to a U.S. citizen to obtain a parole, which would qualify as a legal entry, allowing them to seek residence in the U.S. without the need to seek an I-601A provisional waiver and travel to their home country to seek an immigrant visa. Individuals granted PIP would be eligible to seek adjustment of status to residence in the U.S. based upon a petition by their U.S. citizen spouse.
The rollout of the program generated significant excitement and provided tens of thousands of undocumented individuals with the hope of seeking residence based upon their lengthy residence in the US and their marriage to a citizen. Applicants completed the forms online and were scheduled for biometrics (fingerprints) appointments, generating buzz and optimism.
On Friday, August 23, 2024, 15 states, led by Texas, filed a lawsuit in U.S. District Court in Tyler, Texas asking the court to halt the PIP program. They stated that the PIP program is illegal and that the PIP program would harm the states filing the lawsuit. They asked the court to temporarily stop the program while the court considers its legality by issuing a Temporary Restraining Order (TRO) halting the program.
On Monday, August 27, 2024, District Court Judge J. Campbell Barker issued a 14 day stay of the program. The judge specifically stated that it does not “express any ultimate conclusion about the success or likely success” of Texas’ claims. The order prevents USCIS from approving any PIP applications in the next 14 days. The order does not prevent USCIS from accepting applications or reviewing such applications. Under the terms of the order, USCIS may continue to accept and process applications, but may not grant those applications during the 14-day period.
At the end of the 14 days, the court may choose to dissolve the stay and allow the program to proceed or can continue the stay for the duration of the litigation which will run through at least October 2024.
- What is the likely outcome of the Texas lawsuit?
We think that the PIP program is legal, and the court will find that it is. Our position is supported by the Supreme Court decision in United States v. Texas, a 2023 case in which Texas and a variety of states challenged another Biden immigration policy. The court held that Texas and the other states lacked “standing,” which meant that Texas could not show that it was directly adversely affected by the immigration policy. In addition, a different district court in Texas upheld the Biden parole program for Cubans, Nicaraguans, Haitians and Venezuelans (CHNV) finding that Texas could not demonstrate the direct adverse effect for standing. We believe that when Judge Barker looks more closely at the case, he will be compelled to dismiss for lack of standing in light of these two decisions.
We are advising our clients to continue to apply. We recognize that there is some risk in this approach as it is likely that no filing fees will be refunded if the program is terminated. However, we believe the reward of getting parole, which will allow for adjustment of status, to be worth the risk. It is important to note that, should Donald Trump win the election in November 2024 and take office in January 2025, he will likely terminate the program, regardless of what the courts do. We predict that people with approved paroles will be in a better position at that time than people who have never applied. We also predict that people who have filed will be better positioned than those who did not.
This is not legal advice meant to substitute for an individualized analysis by counsel of a particular individual’s situation.
The I-601A provisional waiver remains a viable if lengthy and inconvenient process. We have had many clients travel to their home country and return to the U.S. with immigrant visas. The process is long and cumbersome, but effective. A U.S. citizen must show that they would suffer extreme hardship if their spouse was not granted an immigrant visa and processing times take years and not weeks.
DACA holders who also qualify for PIP can also apply for advance parole to travel abroad and return visa parole. This creates a lawful entry which enables adjustment of status. DACA parole is only granted for urgent business, educational, family or humanitarian grounds
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