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Latest Legal Developments on Keeping Families Together Parole-in-Place Program

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Latest Legal Developments on Keeping Families Together Parole-in-Place Program

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In June 2024, the Department of Homeland Security (DHS) announced the “Keeping Families Together” program, which allows certain noncitizen spouses and stepchildren of U.S. citizens to request parole in place. This provides an opportunity for these families to avoid deportation and remain together. By August 19, 2024, DHS officially began accepting applications for this program. However, the program quickly faced legal challenges.

On August 23, 2024, Texas, along with 15 other Republican-led states, filed a lawsuit aiming to block the program. The lawsuit argues against the humanitarian parole option that the program offers, seeking to prevent DHS from granting parole to these noncitizen family members. In response, DHS pushed for expedited discovery to clarify the plaintiffs’ standing in the case.

On August 26, 2024, Judge Barker of the Eastern District of Texas issued an administrative stay of the Keeping Families Together Parole-in-Place Program for a period of at least 14 days. Under the administrative stay, applicants can still submit Keeping Families Together parole applications to USCIS, but USCIS may not grant the applications.

Since August 26, Judge Barker and the Fifth Circuit Court of Appeals have maintained court orders that USCIS may accept but not approve applications.  Currently, the program is stayed under an October 7 order from Judge Barker staying the program until at least November 8, 2024.  A bench trial is currently set to resolve factual issues on November 5, 2024.

To reiterate, qualifying applicants can submit their applications to USCIS but the USCIS will hold them pending resolution by the courts.

Ultimately, the future of the Keeping Families Together Parole-in-Place program will depend on both the courts and on the results of the presidential election. For individualized consultation on how parole-in-place might affect options or strategy in your immigration case, schedule a consultation with our office.

 

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