United States: District Court Extends Halt of Keeping Families Together PIP Approvals Through September 23
September 5, 2024
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At a glance
- The Eastern District Court of Texas has extended the administrative stay of parole approvals under the Keeping Families Together parole in place program through September 23. The initial stay was set to expire on September 9.
- Applicants can continue to submit Form I-131F parole in place applications to USCIS during the stay period.
The issue
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 through September 23, 2024, from September 9. While the administrative stay is in place, PIP applicants can continue to submit Form I-131F parole in place applications to U.S. Citizenship and Immigration Services (USCIS); however, the agency will be prohibited from approving the applications during the stay period. The case is Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.).
The administrative stay is renewable, should the court find that good cause exists to extend it for additional periods while litigation continues. The purpose of the administrative stay is to pause approvals under the PIP program while the district court considers its legality. The court has set an expedited litigation schedule, which could result in a district court decision on the merits in the coming months. However, appeals are likely, regardless of which party prevails at the district court level.
In the meantime, USCIS has confirmed that the agency will continue to accept PIP applications and capture applicant biometrics under the “Keeping Families Together” program. The agency has also confirmed that the PIP approvals that were issued prior to the initial administrative stay order at 6:46 PM ET on August 26, 2024, remain valid.
Background
Since August 19, undocumented spouses and stepchildren of U.S. citizens who qualify for the new PIP program have been permitted to submit Form I-131F applications to USCIS. If approved for PIP, the spouse or stepchild will be granted a period of up to three years to apply for permanent residence (a green card) within the United States through the adjustment of status process, instead of needing to depart and apply abroad at a U.S. consulate. Grantees will also be protected from removal and eligible to apply for parole-based work authorization for the duration of their PIP validity.
On August 23, Texas and 15 other U.S. states filed a lawsuit against the Department of Homeland Security, seeking to block the new PIP program. The Plaintiffs claim that the program is unlawful under the Administrative Procedure Act (APA) as arbitrary and capricious and exceeding statutory authority, among other grounds. The U.S. states asked the court to temporarily restrain, preliminarily enjoin, or stay implementation of the PIP program immediately, as well as to fully vacate and permanently enjoin the program. On August 26, the district court issued an administrative stay order that temporarily halted approvals under the PIP program through September 9, indicating that an extension of the stay was likely. The court’s September 4 order extends the stay for another 14-day period, through September 23.
What this means for employers and foreign nationals
Despite the temporary prohibition on USCIS approval of Forms I-131F, qualifying undocumented spouses and stepchildren of U.S. citizens may continue to explore their suitability for the new PIP program on a case-by-case basis, and submit Form I-131F applications where appropriate. Applicants with scheduled biometrics appointments for filed PIP applications should attend their appointments. Applicants should be aware, however, that it is not known how long subsequent stages of ongoing litigation may continue to pause approvals under the PIP program, or what the ultimate outcome of the current litigation will be. Further, no matter which party prevails at the district court level, appeals to higher courts are likely.
It is critical that prospective applicants consult with qualified immigration counsel to discuss the risks and benefits of PIP before moving forward with an application. If you or your organization has questions about the new program and the impact of the ongoing litigation, please contact your designated Fragomen professional.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
