In August 2024, the Biden administration launched an initiative aimed at providing relief to mixed-status families – those in which one spouse is a U.S. citizen and the other is undocumented. The “Keeping Families Together” program sought to address the longstanding challenges faced by families where one partner lacked legal status. For many years, these couples have endured the heart-wrenching reality of forced separation due to the complexities of U.S. immigration law. Spouses without legal status often had to leave the U.S. to apply for legal status, facing lengthy waits and the constant fear of being separated from their families for years.
Under the new initiative, undocumented spouses of U.S. citizens were allowed to apply for legal status while remaining in the country, through a process called “parole in place.” This program was seen as a critical step toward reuniting families and providing a path to citizenship for those who had deep ties to the U.S. But in a significant setback for the administration and the families it aimed to help, a federal judge in Texas has blocked this program, dealing a blow to the Biden administration’s immigration efforts.
On 11/7/2024, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas ruled that the Biden administration had overstepped its legal authority in implementing the parole program. His decision came after a lawsuit was filed by 16 Republican-led states, including Texas, challenging the program’s legality.
In his 74-page opinion, Judge Barker argued that the administration had misinterpreted its powers under the Immigration and Nationality Act. He concluded that the parole in place program extended beyond the scope of authority granted by Congress. According to the judge, the Biden administration’s interpretation of the law “stretches legal interpretation past its breaking point,” effectively ruling that the policy could not stand.
Advocacy groups, including the American Immigration Lawyers Association (AILA), have strongly criticized the ruling, arguing that it unfairly punishes families who have been living in the U.S. for years and are trying to follow the law. AILA President Kelli Stump called the ruling “simply wrong on the law,” emphasizing that the program did not create a new path to citizenship but rather allowed families to remain together while navigating the complex immigration system.
“[The program] was a sensible solution for hundreds of thousands of American families facing uncertainty and fear due to our broken immigration system,” Stump said. “To be clear, these applicants were already eligible for adjustment of status. The only thing the parole did was ensure they wouldn’t be separated while the bureaucratic process was underway.”
Stump went on to express dismay that spouses of U.S. citizens, some of whom had lived in the U.S. for over a decade, were now facing the prospect of separation again. “It is shameful that people who are the spouses of U.S. citizens or are the stepchildren of a U.S. citizen are being left in the cold again,” she concluded.
The Biden administration has indicated that it will appeal the ruling. The case is expected to move quickly through the appellate courts, with the Fifth Circuit Court of Appeals – which has a history of expediting immigration decisions – likely to rule within the next three to six months. If the case continues up the judicial ladder, it could eventually reach the U.S. Supreme Court, where it would be prioritized given the national implications of the case.
However, even with the expedited timeline, a final resolution through appeals could take anywhere from six months to a year or more. In the meantime, families affected by the ruling will remain in limbo, unsure of their future in the U.S. and the possibility of reuniting with their loved ones.