Understanding the Injunction on the Keeping Families Together Parole-in-Place Program

The Keeping Families Together Parole in Place Program, introduced in August by the Biden administration, aims to provide temporary relief and work authorization to certain undocumented spouses and stepchildren of U.S. citizens who are already in the United States without admission or parole. However, recent legal developments have created uncertainty for those interested in applying for this program. A federal judge issued a temporary injunction on August 26, 2024, halting the program’s full implementation. Here’s what this means for potential applicants and those who have already applied. 

What Does the Temporary Injunction (TRO) Mean? 
A Texas court recently issued a Temporary Restraining Order (TRO) affecting the "Keep Families Together" program. An injunction is a legal order that temporarily prevents the government from carrying out a particular action. In this case, the injunction stops the Department of Homeland Security (DHS) from granting parole under the Keeping Families Together program. While the injunction is in place, USCIS can still accept applications, but it cannot approve them until the legal situation is resolved. 

Can I Still Apply? 
Yes, you can still submit an application for the Keeping Families Together Parole-in-Place Program. Despite the injunction, USCIS is currently accepting applications. However, because the court order prevents the government from granting parole under the program, these applications will not be processed until further notice. 

Should I Still Apply? 
Whether you should apply depends on your individual circumstances. Applying now allows you to get your application in the queue, which could be advantageous if the injunction is lifted. However, it’s important to consider the risks, especially since filing fees and legal fees are non-refundable if the program is ultimately struck down by the courts. 

What If I Already Filed? 
If you have already submitted your application, your case will be put on hold until the court resolves the legal issues surrounding the program. This means that while USCIS will keep your application, it will not process or approve it while the injunction is in place. It’s essential to stay updated on the latest legal developments and maintain communication with your attorney to understand your options moving forward. 

Do We Think the Program Will Be Upheld? 
As a firm, we believe that the Keeping Families Together program is narrowly tailored enough to withstand judicial scrutiny. The program is designed to address specific humanitarian needs and maintain family unity, aligning with established principles of executive authority in immigration matters. Based on our judgment and experience, we are comfortable continuing to file applications under this program. However, it’s important to note that legal decisions can be unpredictable, and whether or not to apply is ultimately, a personal decision. 

What Are the Risks Associated? 
There are several risks to consider if you decide to apply under the current circumstances: 

Financial Risk: If the program is ultimately invalidated by the courts, you will lose the filing fees paid to USCIS, which are non-refundable. Additionally, any legal fees paid to your attorney for preparing the application may not be refundable, depending on your individual contract and where you are in the application process. 

Uncertain Timing: Even if the program is upheld, the timing of the court’s decision is uncertain. This could mean a prolonged waiting period before your application is reviewed and a decision is made. 

Impact of Legal Proceedings: The ongoing legal challenges could lead to additional restrictions or changes to the program, potentially affecting your eligibility or the benefits you might receive. 

Are the Benefits Worth the Risks? 
The benefits of the Keeping Families Together program can be significant for those who qualify. It provides temporary relief from deportation and the ability to work legally in the United States, which can be life-changing for many families. For undocumented spouses and stepchildren who meet the eligibility criteria, this program offers an opportunity to stabilize their immigration status and plan for a more secure future. 

Given these potential benefits, many may find it worthwhile to apply despite the risks, especially if they have strong supporting documentation and meet all eligibility requirements. However, each case is unique, and the decision to apply should be made after careful consideration and consultation with an experienced immigration attorney. 

Conclusion 
The Keeping Families Together Parole-in-Place Program represents a significant opportunity for many undocumented spouses and stepchildren of U.S. citizens. However, the recent injunction has introduced uncertainty and risks that applicants must consider carefully.  

At Novo Legal Group, we are committed to providing our clients with the most current information and expert guidance. If you are considering applying for this program or have already applied, we encourage you to contact us for a consultation to obtain more information. We will help you understand your options and make the best decision for your situation. 

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