The federal courts have issued an administrative stay on the Keeping Families Together/Parole in Place program. Applications for Parole in Place (Form I-131F) can still be filed online and applicants will still be scheduled for and need to attend biometrics appointments.
Parole in Place Timeline
2024-06-18
Biden Administration announces Keeping Families Together (PIP)
2024-07-17
Announced that applications for PIP will be accepted beginning August 19, 2024
2024-08-16
DHS issues a Filing Guide for the Form I-131F for PIP
2024-08-19
Form I-131F application for PIP available to submit online, DHS posts the PIP policy in the Federal Register and adds a FAQ on the program
2024-08-23
Texas & 15 other states file suit against PIP program in U.S. District Court for the Eastern District of Texas
2024-08-26
District court issues administrative stay, PIP applications can still be submitted and processed, but USCIS cannot make decisions on any cases, CHIRLA files a motion to intervene in the case
2024-09-03
District court denies CHIRLA’s motion to intervene, DHS (defendant) files motion to vacate administrative stay
2024-09-04
District court denies motion to vacate administrative stay, extends administrative stay until 9/23/2024
2024-09-05
CHIRLA appeals to 5th circuit for denial of motion to intervene
2024-09-11
5th circuit sets CHIRLA appeal for oral argument on 10/10/2024 and extends administrative appeal through at least 10/10/2024
In June, we published a blog post explaining the Biden administration newly announced programs to provide pathways to permanent immigration status for undocumented spouses and stepchildren of U.S. Citizens and for DREAMers and DACA-recipients. This post is intended to update our community on the Parole in Place program for spouses and stepchildren of U.S. Citizens, including what has happened since that announcement and where the program currently stands.
The initial announcement of the program, which USCIS refers to as “Keeping Families Together,” explained the requirements in general terms. But immigration advocates were itching to know more in-depth details so we could start informing the community and advising potential candidates. In July, the Biden administration announced that USCIS would begin accepting applications for parole in place (PIP) beginning Monday, August 19, 2024. They also issued a fact sheet with more details and USCIS added additional information to the page on their website called “Keeping Families Together.”
At this point, the information released about PIP told us that to be eligible, an individual must be:
- Present in the United States without admission or parole
- Have been in the U.S. since at least June 17, 2014 and have not left
- Married to a U.S. Citizen on or before June 17, 2024
- NOT a threat to public safety or national security
- NO disqualifying criminal history
- Eligible to apply for adjustment of status
- Merit a favorable exercise of discretion
In the intervening weeks further information was released, such as the amount of the filing fee ($580) and that the form would be new (Form I-131F) and online only. However, up until Friday, August 16,2024, DHS had not published the notice of the PIP policy in the Federal Register nor was the form available to view. A Filing Guide was released at midday on August 16th, which allowed legal service providers to begin to prepare for serving eligible immigrants on when the application opened on the following Monday. The application was live online on Monday, August 19, 2024, the policy notice was previewed in the Federal Register on the same day (officially published on August 20th), and DHS also released an FAQ for the program.
Given past experience with similar immigration policies (CHNV parole, DACA), the legal services community was anticipating that litigation would be filed to try to stop the implementation of the PIP program. USCIS received PIP applications with no restrictions from Monday, August 19th through the end of that week. On Friday, August 23, a coalition of states, including Texas, filed suit in the Eastern District of Texas challenging the policy and implementation of Keeping Families Together (PIP). The States asked for a temporary restraining order (TRO), a preliminary injunction, and a general stay of the rule’s implementation. Nevertheless, applications could still be submitted. However, Judge J. Campbell Barker of the Eastern District of Texas, Tyler Division, issued an order at 5:45pm Central Time on Monday, August 26 granting an administrative stay.
This stay was more generous than a TRO would be, as it allowed USCIS to keep accepting and processing Form I-131F applications for parole in place, meaning that eligible individuals could file their application and go to their biometrics appointments, but USCIS would not be allowed to issue any decisions on the applications.[1] This order was to last for 14 days, with the possibility for extension.
The U.S. Government, as the defendants in the case, have challenged the States’ standing to bring the lawsuit challenging PIP in the first place. In addition, the Coalition for Humane Immigrant Rights (CHIRLA) and 11 individuals directly impacted by PIP filed a motion to intervene in the case, seeking “to ensure that their voices and perspectives are heard by the court…” The district court denied the motion to intervene on September 3rd, and the next day extended the administrative stay until September 23, 2024.
The intervenors appealed the district court’s denial of their motion to the 5th circuit court of appeals. On September 11th, the 5th circuit set oral argument for the appeal for October 10, 2024, and paused proceedings in the district court until that oral argument could be heard, extending the administrative stay until October 10, 2024.
So, as of the posting of this blog post, you can still file an application for Parole in Place online with USCIS. The fee is $580 and there is no guarantee of getting that money back if the courts determine the program is unlawful and/or should be terminated. USCIS can process your application, including scheduling you for an appointment at an Applicant Service Center (ASC) to give your biometrics. You need to attend this biometrics appointment. USCIS is NOT allowed to issue a decision on the application you filed until at least October 10, 2024. We do not know when/if USCIS will be allowed to issue decision on applications, that is dependent on what happens in the courts. Check back on our blog for updates as the case progresses.
[1] Applications approved before 5:45pm CT on Monday, August 26 are not impacted by the administrative stay. https://www.uscis.gov/keepingfamiliestogether
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