A recent ruling by a Texas federal judge has put the Biden Administration’s “Keeping Families Together” initiative on hold, creating uncertainty for many immigrant families. The program, aimed at preventing lengthy family separations by allowing undocumented spouses of U.S. citizens to apply for legal status without leaving the country, faces a legal challenge that could affect thousands of families. Read this blog to learn more about this development and how it could impact your immigration plans.
What Is the “Keeping Families Together” Initiative and Who Is Affected?
The “Keeping Families Together” initiative was introduced to address the challenges faced by undocumented spouses of U.S. citizens. Under the program, eligible individuals could apply for legal status while remaining in the U.S., bypassing the usual requirement to leave the country and apply for a waiver—a process that often results in lengthy separations and significant emotional and financial stress.
This initiative is particularly beneficial for families with mixed immigration statuses who have been caught in legal limbo. By removing the need to depart the country for a consular interview, the initiative aimed to streamline the process and reduce barriers to legalization for spouses of U.S. citizens.
Why Was the Initiative Halted and What Are the Legal Arguments?
The halt came after Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas granted a preliminary 14-day injunction requested by Texas and 15 other Republican-led states. The states argue that the initiative is an overreach of executive authority, claiming it violates the Immigration and Nationality Act (INA) by effectively creating a new class of eligibility for relief without Congressional approval. The plaintiffs also contend that the program could encourage further illegal immigration and impose additional costs on states for public services used by undocumented immigrants.
Judge Barker’s ruling reflects concerns that the Biden Administration may have overstepped its authority in implementing the program. However, it’s important to note that the injunction is temporary, pending a full trial or further legal proceedings, and does not represent a final decision on the program’s legality.
Can You Still Apply for Legal Status Under This Initiative?
Despite the injunction, individuals who believe they qualify for the “Keeping Families Together” initiative can still submit applications. The current legal halt means that while applications can be filed, they may not be processed or decided upon until the legal challenges are resolved. It’s essential for applicants to stay informed and work closely with an immigration lawyer to ensure their case is prepared and filed correctly, as this could impact their eligibility once the program is potentially reinstated.
For those who have already applied, the injunction could result in delays, but it does not mean that cases will be denied outright. Future court rulings could either lift the injunction, uphold it, or lead to further changes in the program’s status.
If you or a loved one are affected by this ruling, it is critical to consult with an experienced immigration attorney who can provide up-to-date legal advice tailored to your situation. If you have further questions or require legal assistance, please don’t hesitate to speak with a skilled New York City immigration lawyer here at the Lightman Law Firm today.
