BREAKING UPDATE: Texas Judge Orders Pause on Keeping Families Together Parole Program

As reported in our August 23, 2024 blog post, a lawsuit filed by 16 states and led by the state of Texas was filed in the Eastern District of Texas.  On August 26, 2024, the judge assigned to the case, U.S. District Judge J. Campbell Barker issued an administrative stay preventing the Department of Homeland Security from granting parole to applicants.  Applicants of the program must show they are the spouse or stepchild of a U.S. citizen.  Immigrant spouses must also demonstrate they have been physically present in the United States since June 17, 2014 and have no disqualifying crimes.  A complete list of the requirements can be reviewed here.

The order will be valid for 14 days and can be extended by the judge.  The judge can extend the temporary stay beyond the initial 14 days.  If not extended, the stay will expire.

The Department of Homeland Security cannot approve applications while the order is valid, but the order does not prevent the government agency from accepting applications under the program.   Further, the District Court’s order does not affect any applications that were approved before the order was issued.  The Department of Homeland Security has stated that it intends to defend the program in court.

Immigration law practitioners recommend that eligible applicants continue to apply under this program.

If you have any questions about the Biden program and the current legal update, please do not hesitate to contact our office at 312-427-6163 or www.mmhpc.com.