Federal Judge Blocks Biden’s “Keeping Families Together” Program

A federal judge in Texas has temporarily blocked the Biden administration's "Keeping Families Together" program, which aimed to provide legal status to unauthorized immigrants married to U.S. citizens. This decision, made by District Court Judge J. Campbell Barker, comes just days after the program's launch and in response to a lawsuit filed by 16 Republican-led states.

If you have been affected by this change, contact our firm for immediate assistance. We will help guide you through this process.

Overview of the Program

Launched on August 19, 2024, the "Keeping Families Together" program was designed to help mixed-status families, where a U.S. citizen is married to an unauthorized immigrant. The program offered temporary work permits, deportation protection, and a streamlined path to permanent residency and citizenship for eligible noncitizen spouses and stepchildren. However, participants needed to meet strict eligibility criteria, including continuous residency in the U.S. since at least 2014, no disqualifying criminal history, and successful completion of background checks.

Legal Challenge and Court Ruling

The Biden administration argued that the "Keeping Families Together" program was crucial for promoting family unity, particularly in households that include U.S. citizens. However, the program faced immediate legal challenges from Texas and 15 other Republican-controlled states. These states argued that the program rewarded illegal immigration and misused the immigration parole authority, which is intended for urgent humanitarian reasons or significant public benefit.

Judge Barker's ruling temporarily blocks the Department of Homeland Security (DHS) from granting parole to applicants under the "Keeping Families Together" program. While the order is preliminary and valid for 14 days, it may be extended. The DHS confirmed that it has stopped approving cases under the program but will continue accepting applications while the legal battle continues.

Political and Public Reactions

The court's decision has sparked a strong reaction from both sides of the political spectrum. Supporters of the ruling, including former Trump White House immigration adviser Stephen Miller, hailed it as a victory against what they view as an unconstitutional overreach by the Biden administration. Miller's group, America First Legal, joined the lawsuit filed by Texas and other GOP-led states.

On the other hand, President Biden condemned the ruling, calling it "wrong" and emphasizing the importance of keeping families together. In a statement issued on Tuesday, Biden vowed to continue fighting for the program, stressing that these families should not be "needlessly separated."

What's Next for the "Keeping Families Together" Program?

As the legal battle continues, the future of the "Keeping Families Together" program remains uncertain. The temporary injunction has delayed the relief that many families were counting on, and it is unclear how long this delay will last. The DHS has confirmed that while it will comply with the court’s order, it will continue to accept applications and defend the program in court.

For those who were planning to apply or have already submitted their applications, it is crucial to stay informed about the latest developments and seek legal advice to understand their options.

Learn more about the latest developments on H1-B visa access for undocumented graduates and Parole in Place for spouses by visiting Immigrant ARC's update here.

Contact Pollack, Pollack, Isaac & DeCicco, LLP

If you're impacted by these developments, the legal experts at Pollack, Pollack, Isaac & DeCicco, LLP can guide you through this challenging time. Schedule a consultation to protect your family's future. It is imperative that you contact our lawyers now for up-to-date information on this constantly changing situation.