District Court Extends Halt of Keeping Families Together PIP Approvals Through September 23
The administrative stay on parole approvals for the Keeping Families Together program has been extended by the Eastern District Court of Texas until September 23, moving beyond the original end date of September 9. During this extended stay, applicants are still permitted to submit Form I-131F parole in place applications to USCIS.
The Eastern District Court of Texas has extended its administrative stay of parole in place (PIP) approvals under the Biden Administration’s new Keeping Families Together program from September 9, 2024, to September 23, 2024. During this stay, applicants may still submit Form I-131F parole in place applications to U.S. Citizenship and Immigration Services (USCIS), but USCIS is barred from approving these applications until the stay is lifted. This case is known as Texas et al. vs. DHS et al., Case No. 6:24-cv-00306 (E.D. Tex.).
The court’s administrative stay can be renewed if the court deems it necessary to extend the pause while the litigation proceeds. The stay is intended to halt approvals under the PIP program while the court reviews its legality. An expedited litigation schedule is in place, which might lead to a district court decision in the near future. However, appeals are anticipated, regardless of the outcome at the district court level.
Meanwhile, USCIS will continue to accept PIP applications and process applicant biometrics as part of the “Keeping Families Together” program. Additionally, PIP approvals granted before the initial administrative stay order issued at 6:46 PM ET on August 26, 2024, will remain valid.
Since August 19, undocumented spouses and stepchildren of U.S. citizens eligible for the new PIP program have been able to file Form I-131F applications with USCIS. If their PIP application is approved, they will have up to three years to apply for permanent residency (a green card) within the U.S. via the adjustment of status process, rather than having to leave the country to apply at a U.S. consulate abroad. During the validity of their PIP, grantees will also be shielded from removal and can apply for work authorization based on parole.
On August 23, Texas and 15 other states filed a lawsuit against the Department of Homeland Security, aiming to block the new PIP program. The plaintiffs argue that the program is unlawful under the Administrative Procedure Act (APA), claiming it is arbitrary, capricious, and exceeds statutory authority, among other objections. They requested the court to impose a temporary restraining order, preliminary injunction, or stay to halt the program immediately and to permanently block it. On August 26, the district court issued an administrative stay order, suspending approvals under the PIP program until September 9. The court’s September 4 order extends this stay for an additional 14 days, now through September 23.
What this means for employers and foreign nationals?
Although USCIS is currently prohibited from approving Forms I-131F, undocumented spouses and stepchildren of U.S. citizens who qualify for the new PIP program can still assess their eligibility on a case-by-case basis and submit their Form I-131F applications if appropriate. Those with scheduled biometrics appointments for their PIP applications should attend as planned. However, applicants should be aware that the duration of the litigation’s impact on PIP approvals is uncertain, and the final outcome of the case remains unknown. Additionally, appeals to higher courts are anticipated regardless of the district court’s decision.
It is essential for prospective applicants to seek advice from qualified immigration attorneys to understand the potential risks and benefits of the PIP program before proceeding with their applications. For questions about the new program and the implications of the ongoing litigation, please reach out to the GreenCardGuys Law Group.
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