Keeping Families Together (United States immigration policy)

Keeping Families Together (KFT) is a United States immigration policy for certain noncitizen spouses and noncitizen stepchildren of American citizens to request parole in place. It was announced by U.S. President Joe Biden through executive order on 18 June 2024 and implemented on 19 August 2024.

The USCIS program was intended to provide a pathway to work authorization, permanent residency and eventual citizenship for unlawful persons married to American citizens residing ten years or more.[1] Sixteen American states, led by their designated Attorneys General, filed a lawsuit challenging the program's legality and enforceability claiming that such amnesty was unlawful and illegal. [2]

On 7 November 2024, the U.S. Federal Judge John Campbell Barker of Tyler, Texas adjudicated the program as both non-enforceable and unlawful. Citing the final judgment of his federal court, Barker ruled the lack of authority of President Biden from U.S. Congress to implement the program as immigration policy.

Background

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The initiative is modeled after the Deferred Action for Childhood Arrivals (DACA), initiated in 2012 under President Barack Obama.[3] DACA provides temporary protection from deportation and work authorization for certain individuals who arrived in the United States as children without legal documentation. Although President Donald Trump attempted to end the program, the Supreme Court blocked this effort, allowing DACA to continue.[3]

Under President Joe Biden, rising migrant crossings at the Mexico–United States border have created pressure to find solutions.[4] On 4 June 2024, his administration implemented a law to pause asylum processing at the border.[5] The Keeping Families Together program was introduced on 18 June 2024 to help ease the pressure caused by the halt in asylum processing.[1]

Parole in Place

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The program known as Parole in Place (PIP) was designed to allow foreign nationals without any lawful documented status, never granted any lawful entry of inspection or travel visa, and married to American citizens the opportunity to adjust their status while residing within the United States, instead of waiting for a consular processing and personal interview at a U.S. Consulate at their country of origin.

The process of achieving this parole further required a non-refundable filing fee of $580 USD and rigorous documentation of ten years residency within the United States. Furthermore, it required a validated proof of marriage license solemnized before 17 June 2024, with various discretionary restrictions of any criminal record via biometrical inspection and proof of good moral character of the applicant.

Judgment

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The program was adjudicated as unlawful and unenforceable by the U.S. Federal Judge John Campbell Barker at the U.S. District Court for the Eastern District of Texas in Tyler on 7 November 2024.[6]

On 13 November 2024, the USCIS formally issued a directive complying with the U.S. Federal Court Order and shall no longer adjudicate its pending cases. Accordingly, it ceased accepting applications for the program, along with canceling any scheduled biometric appointments for current applicants.

See also

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References

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  1. ^ a b "Biden will announce deportation protection and work permits for spouses of US citizens". AP News. 2024-06-17. Retrieved 2024-10-29.
  2. ^ Montoya-Galvez, Camilo (2024-08-27). "Judge blocks Biden administration from granting legal status to immigrant spouses of U.S. citizens - CBS News". www.cbsnews.com. Retrieved 2024-10-29.
  3. ^ a b Garcia, Jorge. "Biden launches citizenship program for immigrant spouses of US citizens". Reuters.
  4. ^ "How many migrants have crossed the US border illegally?". www.bbc.com. Retrieved 2024-10-30.
  5. ^ "Biden rolls out asylum restrictions, months in the making, to help 'gain control' of the border". AP News. 2024-06-04. Retrieved 2024-10-30.
  6. ^ PBS News Hour | What’s next for Biden’s ‘Keeping Families Together’ policy? | Season 2024 | PBS. Retrieved 2024-10-29 – via www.pbs.org.
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