The “Keeping Families Together” policy, introduced by the Biden Administration, was designed to offer undocumented spouses and stepchildren of US citizens a pathway to legal residency without leaving the United States. However, a recent federal court ruling has temporarily halted this initiative, leaving many families in a state of uncertainty.
The “Keeping Families Together” initiative uses the Parole in Place policy, a discretionary measure allowing eligible noncitizens to temporarily remain in the US for urgent humanitarian reasons or significant public benefit. Parole in Place allows these individuals to apply for adjustment of status to become lawful permanent residents (green card holders) while remaining in the US, thereby avoiding the need to leave the country and potentially face a 10-year re-entry bar due to unlawful presence. This process is particularly beneficial for families, as it helps prevent separation during the immigration process.
A federal judge’s recent halt of the “Keeping Families Together” policy has temporarily paused the processing of new applications under this initiative. This legal challenge has left many families uncertain, as they can still submit applications, but these will only be processed once the court order is lifted. The halt continues the risk of family separation and imposes additional legal and financial burdens on families preparing or submitting their applications.
Key features of the “Keeping Families Together” policy
- Eligibility: The policy specifically applies to undocumented spouses and stepchildren of US citizens who have been continuously present in the US since at least June 17, 2014. Applicants must not have any disqualifying criminal offenses and must demonstrate that they do not pose a threat to national security.
- Application Process: Eligible applicants must submit Form I-131F through the USCIS Online Filing System. The process requires gathering substantial documentation to prove eligibility, such as proof of marriage to a US citizen and evidence of continuous presence in the US.
- Benefits: Successful applicants can apply for work authorization, allowing them to work legally while their application for permanent residency is pending. This is a crucial advantage, as it helps meet labor demands and supports family stability.
Recent developments and challenges
As of August 26, 2024, The “Keeping Families Together” policy was temporarily halted due to a legal challenge led by a coalition of 16 Republican-led states. The states filed a lawsuit arguing that the program was improperly enacted and could impose financial burdens. The coalition claims the program could incentivize illegal immigration, thereby increasing the need for state-funded services such as education, healthcare, and social services for undocumented immigrants who might otherwise not qualify for such benefits. They also state the program overstepped the executive authority and violated existing immigration laws.
US District Judge J. Campbell Barker issued a temporary restraining order (TRO) and determined that a more thorough examination of the legal arguments was necessary before allowing the program to proceed. The TRO prevents the government from processing new applications under the program for at least 14 days, with the potential for extension.
For many families, this policy offers hope for maintaining family unity without the fear of deportation. It provides a critical opportunity for undocumented family members to regularize their status and contribute to their communities. However, due to the ongoing legal challenges, prospective applicants are advised to consult with qualified immigration attorneys to assess the risks and benefits of applying under the current circumstances.
How federal judges can halt immigration policies
Federal judges have the authority to halt policies like the “Keeping Families Together” initiative by issuing temporary restraining orders (TROs) or preliminary injunctions. This authority is derived from their role in interpreting and applying the law, mainly when there are claims that a policy may violate legal or constitutional provisions.
The issuance of a TRO is governed by the Federal Rules of Civil Procedure, which allow judges to grant such orders if the moving party can demonstrate that they would suffer irreparable harm without the order. TROs are typically short-term measures intended to maintain the status quo until a more detailed hearing can be held to decide on a preliminary injunction.
At the hearing, the court will evaluate the necessity of continuing the restraining order. The judge will consider factors such as the likelihood of success on the merits of the case, the potential for irreparable harm, and the balance of equities between the parties. The court may dissolve the TRO, convert it into a preliminary injunction, or dismiss it altogether. If a preliminary injunction is granted, it will remain in effect until a final decision is made.
This judicial intervention reflects the broader trend of courts playing a significant role in shaping US immigration policy, especially when there is perceived overreach by the executive branch or when legislative solutions are lacking. Immigration policy in the US is primarily a federal responsibility, with the federal government setting the rules for who can enter the country and under what conditions. However, states have increasingly sought to assert their own influence over immigration matters, especially in areas where they feel federal policies impact their local economies and communities. This has led to a tug-of-war between federal and state governments, with states often challenging federal immigration policies they disagree with.
Implications for families
The halt of this program has significant implications for the estimated 500,000 immigrants who were eligible to apply. Although the government will continue to accept applications, they will only be processed once the TRO is in place. This means that families can still submit their applications but will remain pending until the legal situation is resolved.
Many families have invested significant time and resources into preparing their applications. The sudden halt imposes additional legal and financial burdens as they navigate the ongoing legal battle without guaranteeing a favorable outcome.
Without the ability to adjust their status within the US, undocumented spouses and stepchildren face the risk of deportation. This could lead to family separations, as applying for residency through consular processing often triggers a 10-year re-entry bar due to unlawful presence.
However, the act of applying to the program does not automatically increase the risk of deportation for applicants. The US Citizenship and Immigration Services (USCIS) generally uses the information provided in applications for adjudication purposes rather than enforcement. But applicants should be aware that their undocumented status is now known to the authorities, which could potentially be a concern if the program does not resume.
Connection to DACA and TPS
The “Keeping Families Together” policy is part of a broader effort by the US government to support immigrant families, similar to initiatives like Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS). These programs share a common goal of providing relief and stability to certain groups of immigrants who have established strong ties to the United States.
DACA was introduced in 2012 to protect eligible young immigrants, often referred to as “Dreamers,” from deportation. It allows these individuals, who were brought to the US as children, to apply for a renewable two-year period of deferred action, granting them the ability to work legally and pursue educational opportunities.
TPS provides temporary legal status to nationals of certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. This status allows beneficiaries to live and work in the US without fear of deportation. TPS has been a lifeline for many immigrants, allowing them to remain in the US while conditions in their home countries remain unsafe.
These initiatives collectively underscore a commitment to supporting immigrant families, recognizing their contributions to the US, and addressing humanitarian concerns. By providing pathways to legal residency and work authorization, these programs help integrate immigrants into American society, promoting economic and social stability. Despite legal challenges, these policies reflect ongoing efforts to balance immigration enforcement with humanitarian considerations and family unity.
What should affected families do next?
For families impacted by this halt, it is crucial to stay informed and prepared:
- Consult Legal Experts: Seek guidance from immigration attorneys to understand your rights and options under the current legal circumstances. Legal experts can provide tailored advice and help navigate the complexities of immigration law.
- Stay Updated: Keep abreast of the latest developments regarding the court case and any changes to the program’s status. Regularly check updates from reliable sources such as the USCIS and immigration advocacy organizations.
- Prepare Documentation: Continue gathering and organizing the necessary documentation for your application. This will ensure you are ready to proceed quickly if the court ruling is overturned or modified.
The “Keeping Families Together” policy was a significant step toward maintaining family unity within the immigration system. Although its future is uncertain due to the legal challenges, affected families should remain proactive in seeking support and preparing for potential changes.
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