A federal judge in Texas has struck down the Biden administration’s “Keeping Families Together” program, a policy that would have allowed undocumented spouses of U.S. citizens to remain in the country while adjusting status.
The program, announced a few months ago, aimed to protect hundreds of thousands of mixed-status families from separation and deportation. It was designed to address the lengthy delays plaguing the provisional waiver program. Recognizing the immense hardship caused by these delays, the Biden administration introduced the “Keeping Families Together” program. This policy would have allowed undocumented spouses and children of U.S. citizens to apply for parole, and adjust their status by remaining in the U.S. while their green card applications were processed, preventing the need for them to depart the country and potentially face significant barriers to re-entry.
“The court’s order, issued in a lawsuit spearheaded by Texas Attorney General Ken Paxton and joined by 15 other Republican-led states, effectively ends the Biden administration’s “Keeping Families Together” program. The lawsuit, co-counseled by the conservative legal group America First Legal, was filed swiftly, mere days after the Department of Homeland Security (DHS) began accepting applications under the program.
The “Keeping Families Together” initiative, or KFT, aimed to provide a pathway for certain undocumented spouses of U.S. citizens to remain in the country while awaiting green cards. Eligibility extended to spouses who had resided in the U.S. for at least a decade and unmarried stepchildren of U.S. citizens who were under 21 at the time of the program’s announcement.
The legal battle surrounding KFT was characterized by rapid legal maneuvers. The district court issued multiple “administrative stays,” effectively halting DHS from processing any parole applications. Notably, the court denied intervention requests from individuals directly impacted by the program. Limited discovery was permitted to investigate whether Texas had legal standing to bring the lawsuit, and a condensed bench trial and hearing on the states’ request for a preliminary injunction were held within a short timeframe. The Fifth Circuit Court of Appeals further supported the plaintiffs by denying intervention requests from affected individuals.
The district court’s decision vacating the rule that established KFT has immediate and nationwide consequences. Issued shortly after the 2024 presidential election, the ruling significantly diminishes the likelihood of the program being reinstated, regardless of the current administration’s stance. This outcome underscores the challenges faced by the Biden administration in implementing immigration policies that prioritize family unity.”
Unfortunately, this decision will force many families to choose between remaining together in the U.S. illegally or separating while one spouse consular processes for an immigrant visa abroad. Applicants can expect to receive a refund of the fees associated with the program in the coming months.
Ultimately, despite the claims of the states who sued to stop this policy, it is the American public, including the hundreds of thousands of families impacted by this decision, who will bear the human and social costs of this decision.
Disclaimer: This blog post provides a summary of the court’s decision and its potential impact. It is not intended as legal advice.