Texas and Other States File Lawsuit Challenging Keeping Families Together Program
On June 18, 2024, DHS announced the Keeping Families Together program, a process for certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole in place under existing statutory authority. On August 19, 2024, DHS began accepting Keeping Families Together parole applications.
On August 23, 2024, sixteen Republican-led states, led by Texas and America First Legal (Stephen Miller, president of America First Legal), filed a complaint to block DHS’s Keeping Families Together parole-in-place program. Use this page to stay on top of this active litigation.
Practice Alert
As of August 26, 2024, at 8:00 pm (ET), due to a court order currently in effect, USCIS may accept Keeping Families Together parole applications but may not approve them. AILA will continue to monitor the situation and provide updates regarding the program's status. Members should look for updates on our Featured Issues page and the USCIS website:
https://www.uscis.gov/keepingfamiliestogether
USCIS has stated that it will continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs). As a reminder, you may be able to reschedule your appointment online to an earlier or later date depending on availability. For more information, visit https://www.uscis.gov/policy-manual/volume-1-part-c-chapter-2
November 7, 2024
A Texas federal judge found that Texas and other states had standing to challenge the Keeping Families Together program and process and vacated the parole-in-place program for certain spouses of U.S. citizens as unlawful.
October 7, 2024
On Friday, October 4, the Fifth Circuit Court affirmed the E.D. of Texas ruling that U.S. citizens and their spouses impacted by the Keeping Families Together Parole-in-Place program could NOT intervene in Texas v. DHS. This action lifted the lower court’s stay on program momentarily. However, within hours, the E.D. Texas reinstated the stay, with the same terms, until November 8, 2024.
This means that through November 8, USCIS may continue to accept KFT applications, but may not approve any cases. The E.D. of Texas also set forth a new hearing schedule in its Order determining that all pending motions, and if necessary, a bench trial to resolve factual issues, will be heard on November 5 at 9:00 am in Tyler, Texas. The Order also includes a revised discovery and motions schedule.
September 11, 2024
The Fifth Circuit Court issued an order that froze proceedings in the lower court until they hear the intervenors appeal. The intervenors asked that the court decide on their appeal before the hearing next week in the lower court, with or without oral argument. Rather than do that, the Fifth Circuit set a hearing date of October 10 and froze further action in the lower court until that date. In the meantime, USCIS can continue accepting and processing cases, but it cannot approve cases.
The order states, “Meaning no criticism of the district court’s recognition of the need for prompt resolution, this panel must have an opportunity to consider the merits briefs, scheduled to be received by September 16, and to hear argument on the appeal of the denial of intervention. Accordingly, we administratively STAY proceedings in the district court pending a decision on the merits or other order of this court. The stay issued by the district court will remain in effect pending further order of this court.”
September 4, 2024
District Court Judge J. Campbell Barker issued an order extending the administrative stay preventing USCIS from approving any Keeping Families Together parole-in-place applications for an additional 14 days (through September 23). The initial stay was set to expire on September 9, 2024. The court also ordered an accelerated hearing schedule (September 18). A hearing on omnibus motions of both parties is scheduled in Tyler, TX on September 18.
USCIS can continue to accept and review PIP applications but cannot grant parole.
September 3, 2024
District Court Judge J. Campbell Barker denied the motion to intervene from eleven individual intervenors who are either foreign nationals present in the United States unlawfully and married to U.S. citizens or are the U.S.-citizen spouses of such foreign nationals.
August 26, 2024, 8:00 pm (ET)
On August 26, 2024, Judge Barker of the E.D. Texas issued an administrative stay of the Keeping Families Together Parole-in-Place Program for a period of at least 14 days. During this time, applicants may still submit Keeping Families Together parole applications to USCIS, but USCIS may not grant parole in place. The administrative stay could be extended for good cause or if all adverse parties agree to an extension. The court notes that given the discovery schedule it “expects that good cause may exist to extend this administrative stay for additional periods through mid-October.”
The order also sets forth a schedule for briefing on the Motion for a Temporary Restraining Order, Preliminary Injunction, and Summary Judgment with all briefing due by October 10, 2024. An expedited hearing an expedited hearing on preliminary relief and summary judgment, and if necessary a consolidated bench trial, on a date as soon as possible after completion of that briefing.
AILA will provide updates on this featured issues page as they become available.
USCIS posted the following alert:
August 26, 2024
A group of undocumented immigrants and their families filed a Proposed Intervenors’ Motion to Intervene as Defendants and Incorporated Memorandum of Law, seeking to intervene in federal court to join the government in defending the Keeping Families Together program.
The group included six undocumented immigrants who stand to benefit from parole in place, alongside their U.S. citizen spouses. They are joined in their motion by the Coalition for Humane Immigrant Rights, or CHIRLA, a Los Angeles-based nonprofit.
August 23, 2024
Sixteen Republican-led states, led by Texas and America First Legal (Stephen Miller, president of America First Legal), filed a complaint to block DHS’s Keeping Families Together parole-in-place program which was announced in June 2024 and implemented on August 19, 2024. The rule allows for humanitarian parole and a path to permanent residency for certain immigrant spouses of U.S. citizens without them having to leave the country.
The states in the lawsuit are Texas, Idaho, Alabama, Arkansas, Florida, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming.
As of August 23, 2024, the plaintiffs have filed a Motion for Temporary Restraining Order, Preliminary Injunction, and Stay of Agency Action.
In response, DHS filed a Motion for Expedited Jurisdictional Discovery, Stay of Briefing, and Schedule Proposal, requesting that the court enter an order permitting the parties 60 days to conduct discovery limited to ascertaining subject matter jurisdiction, specifically Plaintiffs’ standing, and for the court to stay Defendants’ response to the motion for temporary restraining order and preliminary injunction.
USCIS continues to accept applications at this time, although this could change in the near future if the plaintiff's motion is granted.