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Lawsuit Filed to Stop New Biden Immigration Program Helping Spouses of U.S. Citizens Legalize Status in the U.S.

August 23, 2024
Aaron Lawee

Brief Summary of the Biden Program

As many of you know, the Biden administration began accepting applications for the Keeping Families Together Program on Monday, August 19, 2024. This program allows certain spouses and stepchildren of U.S. citizens to apply for a benefit called parole in place. If granted, this benefit could allow the applicant to apply for a green card in the U.S. without being forced to return to their home country. This program has the potential to provide stability for many noncitizens who have lived in the United States for more than 10 years and do not have a disqualifying criminal history. The Biden administration estimates that it may benefit as many as 500,000 individuals. For additional information, see our blog post.

 

The Lawsuit Filed:

On August 23, 2024, 16 states, led by Texas, filed a lawsuit to prevent this program from going forward. The lawsuit was filed in the Eastern District of Texas, and was assigned to Judge J Campbell Barker, a Trump appointee with a history of anti-immigrant views. The lawsuit can be found here: https://aboutblaw.com/bfom. These lawsuit makes numerous erroneous and racist claims, such as claiming that the federal government does not have the authority to enact such a program. In fact, the federal government explicitly has the authority to grant parole “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” It also claims that States will suffer harm if certain noncitizens without criminal records are given a path to obtain a green card. In particular, they claim that crime will increase, and they will lose millions of dollars as a result. In fact, such myths have been disproven numerous times. Contrary to the lawsuits claims, immigrants are significantly less likely to commit crimes than U.S. born citizens.

 

What Happens Next?

In general, a case like this can take many months or years to fully resolve, due to the complex legal nature of the case. However, these states have asked the judge to issue an injunction to stop the program immediately while the lawsuit plays out. Essentially, they claim that they will suffer such immediate harm if the program goes forward that they cannot wait the time it takes for a judge to issue a final decision. This means that the first step will be for the judge to determine if the program must be stopped immediately, or if the program can proceed while the lawsuit plays out. This decision will likely be made very quickly, and there is a serious possibility that this judge will order the program to stop shortly. Either party can then appeal that decision to the 5th Circuit Court of Appeals, one of the more conservative appellate courts in the country. Regardless, of whether the program is temporarily stopped, the judge will ultimately have to decide on whether the program can continue.

 

What Should I Do if I Could Benefit from this Program?

If you believe you can benefit from this program, our law firm recommends that you file your application as soon as possible. If the judge does stop the program before you apply, your application may not be processed. If you file the application before the judge stops the program, there is a greater chance your application will be accepted. Please note that we cannot guarantee results, or what will happen if the program is stopped. All we can say is that it is possible that this program may end soon, although of course, we hope it does not.

 

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

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2023 Minsky, McCormick & Hallagan, P.C. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Minsky, McCormick & Hallagan, P.C.

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