President Joe Biden announced a pair of key immigration policies in mid-June.
The first allows certain undocumented individuals who are married to U.S. citizens, as well as their children, to apply for legal permanent residency via “Parole in Place,” while the second creates a pathway for “DACA recipients and other Dreamers” to “more quickly receive work visas.”
Below are key details about both programs announced by the White House. This story will continue to be updated as more information becomes available.
Federal judge strikes down President Joe Biden’s “Keeping Families Together” initiative
A federal judge struck down in early November President Joe Biden’s “Keeping Families Together” initiative.
The judge ruled that “the Biden administration had overstepped its authority by implementing the program and had stretched the legal interpretation of relevant immigration law ‘past its breaking point,’” according to Time.
USCIS had been unable to process applications for the initiative — which would have allowed certain undocumented individuals who are married to U.S. citizens, as well as their children, to apply for legal permanent residency via “Parole in Place” — since the same federal judge paused the program in late August.
United States Court of Appeals for the Fifth Circuit freezes proceedings in ‘Keeping Families Together’ case
The United States Court of Appeals for the Fifth Circuit has paused proceedings in the case involving President Joe Biden’s “Keeping Families Together” initiative.
The decision freezes any action in the lower district court until at least after the Fifth Circuit hears an appeal on Oct. 10, according to AILA.
The intervention from the Fifth Circuit comes after U.S. District Judge J. Campbell Barker, of the United States District Court for the Eastern District of Texas, issued an administrative stay against the new program, which allows certain undocumented spouses and stepchildren of U.S. citizens to apply for legal permanent residency via “Parole in Place,” in late August.
The stay will remain in place until the Fifth Circuit issues a further ruling. United States Citizenship and Immigration Services (USCIS) can continue to accept applications for “Parole in Place” from applicable undocumented spouses and stepchildren of U.S. citizens during the stay but cannot adjudicate those petitions.
Federal judge temporarily pauses ‘Parole in Place’ program for undocumented spouses, stepchildren of U.S. citizens
A federal judge has paused President Biden’s policy initiative which allows certain undocumented spouses and stepchildren of U.S. citizens to apply for legal permanent residency via “Parole in Place.”
U.S. District Judge J. Campbell Barker, of the United States District Court for the Eastern District of Texas, issued an administrative stay in late August against the new program. The stay will last for a minimum of 14 days and can be extended “for a like period … for good cause or if all adverse parties consent to a longer extension.”
It is important to note that the stay only prevents United States Citizenship and Immigration Services (USCIS) from adjudicating petitions for the new program. It does not block USCIS from accepting applications for “Parole in Place” from applicable undocumented spouses and stepchildren of U.S. citizens.
Those who may be eligible for the “Parole in Place” initiative should consult with experienced immigration counsel to discuss their options and should consider continuing to apply for the program if they meet the criteria to do so.
16 states challenge ‘Parole in Place’ program for undocumented spouses, stepchildren of U.S. citizens
Sixteen republican-led states filed a lawsuit in late August in the U.S. District Court for the Eastern District of Texas seeking a “temporary restraining order and preliminary injunction to immediately suspend” the “Parole in Place” program for undocumented spouses and stepchildren of U.S. citizens.
“In court filings, the states assert that the program is illegal because it exceeds the discretion that the executive branch has to set policy,” according to the New York Times. “It also said that the program ran afoul of the law because it misused so-called parole, an authority exercised by the Homeland Security Department to allow people outside the United States to enter the country for urgent humanitarian reasons, on a case-by-case basis.”
The Department of Homeland Security (DHS) plans to defend the program in federal court while also continuing to process new Parole in Place applications, a spokesperson told the New York Times.
Read the full New York Times story here.
Official details released about ‘Parole in Place’ program for undocumented spouses, stepchildren of U.S. citizens
The official details about President Biden’s policy initiative which will allow certain undocumented spouses and stepchildren of U.S. citizens to apply for legal permanent residency via “Parole in Place” have been released.
A notice, which will be published in the Federal Register on Aug. 20, finalized the program’s eligibility criteria, application process, and more.
Foreign nationals can begin submitting applications on Monday, Aug. 19.
Parole in Place for undocumented spouses of U.S. citizens program to launch Aug. 19
President Biden’s policy initiative which will allow certain undocumented spouses of U.S. citizens, as well as their children, to apply for legal permanent residency via “Parole in Place” will begin accepting applications on Aug. 19, 2024, the White House announced in mid-July.
Further details about the program have still yet to be released. More information is expected to come available “in the near term” once a notice is published in the Federal Register, according to USCIS.
Learn more about the Parole in Place for undocumented spouses program launch date here.
Work permits for ‘Dreamers’ update
The Biden administration provided a further update in mid-July related to its previously announced policy which eases “the visa process for U.S. college graduates, including ‘Dreamers.’”
Specifically, the update read: “The Department of State has updated its public guidance – making it clear that it is in the public interest that individuals who graduated from a U.S. institution of higher education and are seeking a work visa are able to put their degree to use in the United States, and that these factors should be considered favorably when recommending waivers in the visa application process.”
Biden’s policies related to ‘Parole in Place’ for undocumented spouses, work permits for ‘Dreamers:’ Catherine Magennis discusses benefits, potential eligibility criteria and more
In a recent interview, Garfinkel Immigration Law Firm Senior Associate Attorney Catherine Magennis discussed the potential impacts of the “Parole in Place” for undocumented spouses and work permits for “Dreamers” policies announced by President Joe Biden in mid-June.
Magennis explained the benefits of the initiatives, the possible eligibility criteria, when the programs may launch and more.
USCIS releases FAQs about expanded Parole in Place eligibility
United States Citizenship and Immigration Services (USCIS) published a brief FAQ page in late June related to the new policy expanding Parole in Place to certain undocumented spouses of U.S. citizens.
The FAQs stated more information will be available “in the near term” once a notice is released in the Federal Register.
“USCIS will soon publish a Federal Register Notice to implement this process, explain the application process, and provide additional guidance on requirements to be considered for parole in place,” read the FAQ. “This notice will explain what forms to file, the associated filing fees, any required documentation, and supporting evidence that will be needed to request parole in place.”
How to proactively prepare for application process
Garfinkel Immigration Law Firm published a list of steps potential applicable spouses could take to proactively prepare for the “Parole in Place” application process.
The list of steps included:
- Understand the specifics of “Parole in Place”
- Consult with experienced immigration counsel
- Be aware of any potential admissibility issues and ineligibilities
- Start compiling necessary documentation and evidence
- Be prepared to file application as soon as possible in case the program is impacted by litigation and/or future presidential administrations
Biden says programs will launch “later this summer”
President Joe Biden said at a press conference announcing the new policies that they could potentially go “into effect later this summer.”
“These couples have been raising families, sending their kids to church and school, paying taxes, contributing to our country for every — for 10 years or more — matter of fact, the average time they’ve spent here is 23 years, the people we’re affecting today — but living in the United States all this time with a fear and uncertainty,” Biden said at the press conference. “We can fix that, and that’s what I’m going to do today: fix it.”
Biden added that the U.S. is “a much better and stronger nation because of Dreamers.”
“I’m announcing new measures to clarify and speed up work visas to help people, including Dreamers, who have graduated from U.S. colleges and universities, landed jobs in high-demand, high-skilled professions that we need to … see our economy grow,” Biden said. “I want those who have been educated at U.S. college and universities to put their skills and knowledge to work … here in America.”
Parole in Place for undocumented spouses of U.S. citizens
The Immigration and Nationality Act (INA) allows for Parole in Place (PIP) to be granted for “urgent humanitarian reasons or significant public benefit.” Undocumented individuals could be eligible for PIP under Biden’s new initiative if they:
- Have lived in the United States for at least 10 years as of June 17, 2024
- Are married to a U.S. citizen
- Satisfy all other “applicable legal requirements”
Applications will be adjudicated on a case-by-case basis. Spouses who are granted PIP will be provided authorization to work in the United States for up to three years. Further, spouses who receive PIP are “paroled” for the purposes of applying for a green card inside the United States under the INA.
Find out more about the Parole in Place for certain undocumented spouses of U.S. citizens.
Work permits for ‘Dreamers’ and others
The Biden administration announced a new policy in mid-June which eases “the visa process for U.S. college graduates, including ‘Dreamers.’”
The new policy will allow DACA recipients and others who have graduated with a degree from a U.S. college or university to “more quickly receive work visas,” if they have been offered a full-time, permanent job from a United States employer in a field related to their area of study.
“Recognizing that it is in our national interest to ensure that individuals who are educated in the U.S. are able to use their skills and education to benefit our country, the administration is taking action to facilitate the employment visa process for those who have graduated from college and have a high-skilled job offer, including DACA recipients and other Dreamers,” the fact sheet read.
Learn more about the policy easing work permits for “Dreamers.”
This story was last updated on Nov. 11, 2024.