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 Monday 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.
The stay from Barker comes after 16 Republican-led states filed a lawsuit challenging the program in federal court. The states argued the program violates the “Administrative Procedure Act, and contravenes existing federal law.”
Barker said in his ruling the states’ claims were “substantial and warrant closer consideration than the court has been able to afford.” However, Barker said the stay did not “express any ultimate conclusions about the success or likely success of those claims.”
“As with most administrative stays, the court has simply undertaken a screening, ‘first-blush’ review of the claims and what is at stake in the dispute,” Barker wrote in the ruling.
The attorneys at Garfinkel Immigration Law Firm continue to monitor the situation closely and will alert clients as circumstances evolve.
Eligibility criteria for “Parole in Place” program
Biden’s new “Parole in Place” initiative began accepting applications on Aug. 19. The White House estimated that 500,000 undocumented spouses and 50,000 noncitizen stepchildren could be eligible to apply for the new “Parole in Place” program.
To be eligible for “Parole in Place,” undocumented spouses of U.S. citizens must:
- Be present in the U.S. without having received admission or parole
- Have been “continuously physically present” in the United States for at least 10 years from the time the program was announced (June 17, 2024) through the date they official file for PIP
- Be legally married to a U.S. citizen on June 17, 2024, or beforehand
- Have “no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security”
Meanwhile, stepchildren of U.S. citizens must meet the below criteria to apply for “Parole in Place:”
- Be under the age of 21 as of the date the program was announced (June 17, 2024)
- Be currently present in the U.S. without having received admission or parole
- Have an undocumented parent who was legally married to a U.S. citizen before the child’s 18th birthday. The marriage must also have been before the date the program was announced (June 17, 2024)
- Have “no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security”
Undocumented spouses of U.S. citizens, as well as their children, applying for “Parole in Place” will also be required to submit biometrics and partake in background checks as well as “national security and public safety vetting.”
Normally, individuals who enter the United States unlawfully cannot apply for permanent residence (adjustment of status) from inside the United States and must leave the country before doing so.
PIP allows for beneficiaries to avoid having to depart the U.S., which would normally trigger the three-year (if accrued more than 180 days but less than one year of unlawful presence during a single stay in the United States) and 10-year (if accrued one year or more of unlawful presence during a single stay in the United States) unlawful presence grounds of inadmissibility, a basis for the government to deny applications for legal permanent residency.