Immigration
Decoding the Court’s Ruling: What It Means for the Keeping Families Together Program
By Attorneys Khushbu Patel and Dilip Patel
On Nov. 7, 2024, a significant judicial decision was rendered in the case of State of Texas v. Department of Homeland Security, where the United States District Court for the Eastern District of Texas vacated the Biden administration’s Keeping Families Together (KFT) parole process. This ruling effectively halted a program aimed at providing a legal pathway to citizenship for certain undocumented immigrants married to U.S. citizens. As a result, the U.S. Citizenship and Immigration Services (USCIS) announced immediate changes affecting pending applications and future engagements related to the KFT initiative.
Background of the Keeping Families Together Program
In June 2024, the Department of Homeland Security (DHS) announced a key step toward promoting family unity within the immigration system. By August 2024, DHS implemented Keeping Families Together, allowing certain noncitizen spouses and stepchildren of U.S. citizens to request parole in place under existing statutory authority in hopes of a broader immigration reform strategy.
The initiative sought to offer undocumented immigrants married to U.S. citizens for at least ten years a pathway to obtain green cards without needing to leave the country. After three years of holding a green card, these individuals could then apply for U.S. citizenship. The current administration estimated that around half a million undocumented immigrants could benefit from this program, which was designed to promote family unity and provide a more compassionate approach to immigration enforcement. Approximately 50,000 noncitizen stepchildren of U.S. citizens were also estimated to be eligible to seek parole under the KFT initiative.
This proposal was positioned as a response to the challenges faced under previous immigration policies, which had resulted in family separations and heightened fears among immigrant communities. The administration argued that the Keeping Families Together program would allow families to stay together without living in constant fear of deportation.
The Court’s Ruling and Its Immediate Impact
Despite its intentions, the KFT initiative faced opposition from several states, which argued that the Biden administration overstepped its authority by attempting to enact immigration policy without Congressional approval. Just recently, on Nov. 7, 2024, Judge Campbell Barker ruled in favor of the plaintiffs, stating that the KFT program was unconstitutional and lacked statutory backing.
In response to the ruling, USCIS swiftly announced several key actions:
- Pending Form I-131F Applications Will Not Be Adjudicated: Any application submitted under the KFT program will remain unprocessed, leaving many applicants uncertain about their immigration status.
- Intake of New Form I-131F Applications Will Cease: With the program’s termination, no new applications will be accepted, effectively closing off future opportunities for eligible undocumented spouses to obtain legal status through this pathway.
- Cancelled Application Support Center Appointments: Individuals with upcoming appointments related to the KFT program are advised to consider those appointments canceled. Those who arrive for these appointments will be turned away, adding to the confusion for applicants who relied on the program.
- Cancellation of External Engagements: All planned external engagements related to the KFT process have been canceled, indicating a complete withdrawal of the program from public and administrative discourse.
- Future Communications from USCIS: The agency has promised to release additional information regarding how it will manage pending cases and address previously paid application fees. This is crucial for applicants who have already invested time and money into the application process.
Broader Implications of the Ruling
The implications of this ruling extend beyond the immediate halt of the Keeping Families Together program, indicating a significant change in the landscape of U.S. immigration policy. The decision may influence other states and organizations that oppose federal immigration initiatives, potentially leading to further legal challenges against programs designed to provide relief to undocumented immigrants.
For the hundreds of thousands of undocumented immigrants who were expected to benefit from the Keeping Families Together initiative, this ruling represents a considerable setback. Many individuals had hoped to achieve stable legal status in the United States, allowing them to live without the constant fear of deportation and to fully engage in their communities.
Conclusion
The recent court ruling against the Keeping Families Together program highlights the ongoing complexities of immigration policy in the United States. As the implications of this decision unfold, the future of immigration reform remains uncertain.
If you were considering relying on the Keeping Families Together initiative through Parole in Place, we encourage you to take proactive steps. Consulting with an experienced immigration attorney can provide you with individualized advice on alternative options available to you. This step can offer clarity and support as you navigate your circumstances in light of these recent changes.
Dilip Patel of Buchanan Ingersoll & Rooney PC, a board-certified expert on immigration law, can be reached at (813) 222-1120 or email [email protected]
Tampa Bay area welcomes Attorney Khushbu Patel
We are pleased to introduce Attorney Khushbu Patel to our readers. Khushbu is an experienced immigration attorney and has recently joined the Buchanan Ingersoll & Rooney law firm to work with Dilip Patel, who writes our immigration articles. Khushbu brings with her a wealth of knowledge in immigration law and a passion for helping individuals and families navigate the complexities of the immigration process.
Khushbu was born and raised in Richmond, Va., where she developed a strong foundation in legal principles and a deep commitment to serving her community. She earned her law degree from a respected institution, Rutgers Law School, where she developed a keen understanding of the challenges faced by immigrants in the United States.
She married in April 2024 and recently moved to the Tampa area with her husband, who works in commercial contracting. Khushbu’s move to Tampa not only marks a new chapter in her personal journey but also allows her to contribute her expertise to the growing community in the region. Fluent in Gujarati, she is an active member of the BAPS Swaminarayan Mandir in Thonotosassa, Florida.
We are thrilled to welcome Khushbu to our readers and look forward to the invaluable information she will provide to them in the field of immigration law.