Update on Parole in Place Program

In the weeks that followed, additional information was released, including the filing fee of $580 and that the application would be submitted using a new online form (Form I-131F). However, as of Friday, August 16, 2024, the Department of Homeland Security (DHS) had not yet published the Parole in Place (PIP) policy in the Federal Register, nor was the form accessible for review. A Filing Guide was made available on August 16, allowing legal service providers to prepare to assist eligible immigrants when the application process opened the following Monday. The application went live online on August 19, 2024, with the policy notice previewed in the Federal Register that same day (officially published on August 20), along with an FAQ for the program.

Given previous experiences with similar immigration policies, such as CHNV parole and DACA, the legal services community anticipated potential litigation to challenge the PIP program’s implementation. USCIS accepted PIP applications without restrictions from August 19 through the end of that week. However, on Friday, August 23, a coalition of states, including Texas, filed a lawsuit in the Eastern District of Texas, contesting the policy and its implementation. The states sought a temporary restraining order (TRO), a preliminary injunction, and a general stay on the rule’s implementation. Despite this, applications could still be submitted until Judge J. Campbell Barker of the Eastern District of Texas, Tyler Division, issued an order at 5:45 PM Central Time on Monday, August 26, granting an administrative stay.

This stay was more accommodating than a temporary restraining order (TRO), allowing USCIS to continue accepting and processing Form I-131F applications for Parole in Place. This means eligible individuals could file their applications and attend their biometrics appointments, but USCIS was prohibited from making any decisions on these applications. This order was set to last for 14 days, with the possibility of extension.

The U.S. Government, as the defendants in the case, has challenged the standing of the states to bring the lawsuit against the PIP program. Additionally, the Coalition for Humane Immigrant Rights (CHIRLA) and 11 individuals affected by PIP filed a motion to intervene, aiming to ensure their voices are heard in court. However, the district court denied this motion on September 3rd and subsequently extended the administrative stay until September 23, 2024.

The intervenors appealed the district court’s denial to the 5th Circuit Court of Appeals. On September 11th, the 5th Circuit scheduled oral arguments for October 10, 2024, and paused district court proceedings until that date, thereby extending the administrative stay until October 10, 2024.

As of this blog post, you can still submit an online application for Parole in Place with USCIS. The fee is $580, and there’s no guarantee of a refund if the courts determine the program is unlawful or should be terminated. USCIS will process your application, including scheduling a biometrics appointment at an Applicant Service Center (ASC), which you must attend. However, USCIS cannot issue a decision on your application until at least October 10, 2024. The timeline for when USCIS will be allowed to issue decisions is uncertain and will depend on the court’s outcomes. Stay tuned to our blog for updates as the case unfolds.