After the Parole in Place Program ("Keeping Families Together") went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security ("DHS") et. al. The complaint alleges that the program is unlawful and will cause irreparable harm to the states that filed the complaint. On August 26, 2024, the U.S. District Court for the Eastern District of Texas administratively stayed DHS from granting parole in place under Keeping Families Together until September 9, 2024. The order states:
- USCIS will not approve any more Parole in Place applications under the Keeping Families Together program until September 9, 2024.
- USCIS will continue to accept applications and process biometric appointments for applicants during this time.
- The Judge may extend the order and maintain the suspension of approvals.
Background
As discussed in our previous blog, Keeping Families Together is a program that allows certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place. Upon approval, the parole in place enables them to apply for lawful permanent residency or a "green card" without having to leave the U.S. for processing. Many applicants under this program cannot depart the U.S. without triggering a multi-year bar from reentering the U.S. Applicants who receive a parole in place can apply for work authorization up to the parole's validity period. The requirements and process to apply can be found on USCIS' website.
Impact for Applicants and Employers
Applicants: While applicants can still apply until September 9, 2024, it is unknown whether the judge will continue the stay and prevent USCIS from issuing approvals until the case is resolved or appealed. Applicants who file during the 14-day window ultimately may not receive a decision on their cases. If the Keeping Families Together program is found unlawful, it is also unknown if applicants who do not receive decisions on their applications will be reimbursed the $580 application fee. Therefore, applicants should consider this new development and whether they wish to file applications during this time.
Applicants are not impacted by the order if they received a parole in place approval before the administrative stay order was issued at 6:46 p.m. EST on Aug. 26, 2024.
Employers: Companies that are supporting applications may also wish to consider delay filing until the judge makes a decision on continuing the stay. Additionally, USCIS estimates that over 500,000 applicants may be eligible for this program. This represents a significant pool of potential job candidates – many of whom have been in the U.S. for years and may have language and special skills – that may become eligible for work authorization in the U.S. if the program goes in effect. Employers should remain informed about future orders on this program to effectively support potential employees in their journey towards lawful permanent residency.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.