Published: August 30, 2024
The USCIS or US Citizenship and Immigration Service just started receiving applications for the newly expanded parole-in-place (PIP) program on August 19, 2024. The estimated eligible beneficiaries of the program are around 500,000 undocumented spouses and 50,000 stepchildren of US citizens.
If approved for PIP, qualifying individuals can apply for permanent residence within the country for up to three years. Unfortunately, the attorneys general of 16 Republican-led states challenged the program as an unlawful attempt to establish a new avenue to citizenship. They filed a lawsuit against the US Department of Homeland Security (DHS) over the program on August 23, 2024.
On August 26, 2024, District Court Judge J. Campbell Barker granted the request of the 16 states. The decision issued an administrative stay, temporarily ordering the USCIS to stop approving applications for the PIP program. Here’s a comprehensive overview of what you need to know about the temporary pause and its potential implications.
Details of the Lawsuit and Court’s Initial Ruling
The 16 states involved in the lawsuit against the DHS are the following: Texas, Idaho, Arkansas, Alabama, Florida, Georgia, Kansas, Iowa, Louisiana, North Dakota, Missouri, Ohio, Tennessee, South Dakota, South Carolina, and Wyoming.
The plaintiffs submitted a complaint and motion seeking a temporary restraining order, preliminary injunction, and a stay of the new PIP rule’s implementation.
Court filings asserted that the policy bypassed Congress to create a new route of the legal immigration process. They also argued that DHS cannot use its authority to release significant numbers of immigrants on Parole.
In response, the DHS requested that the Court delay further proceedings on the temporary restraining order motion to investigate the plaintiffs’ legal basis for bringing the lawsuit. Alternatively, the defendants also proposed a schedule if the court decides not to delay the briefing on the motion.
Accordingly, the court ordered an administrative stay, putting the granting of parole on hold for 14 days under the new policy. The temporary pause gives the court time to review the program’s legality carefully. It also aims to prevent any irreversible consequences before a final ruling.
What the Decision Means for Applicants
Individuals who qualify for the newly expanded PIP program may proceed with their applications. The USCIS will continue to accept filings and collect biometrics at Application Support Centers (ACS). However, it cannot make decisions on these applications during the 14-day administrative stay.
It’s worth noting that the court may extend the 14-day pause if warranted or if all parties involved agree to the extension. Otherwise, the USCIS can begin adjudicating applications once the court lifts the stay after 14 days.
There will be no penalties or barriers for those who applied during the temporary pause. Thus, qualifying individuals may consider submitting their applications while submissions remain open. But they should be ready for possible delays in receiving decisions regarding their case. It’s also imperative to closely monitor any updates on the program’s status.
What You Should Expect After This
The court order has established an expedited timeline for the case, with deadlines in September and early October. A hearing on preliminary relief and summary judgment is due on October 10, 2024.
During that period, all parties involved will present their case, and the court will determine whether to continue or lift the administrative stay. Due to the discovery schedule, the court anticipates that there may be sufficient grounds to extend the administrative stay until mid-October.
It’s unsurprising that a group of undocumented immigrants and their families filed a motion to intervene on August 26, 2024, to support the government in defending the Keeping Families Together PIP program. The Coalition for Humane Immigrant Rights (CHIRLA) joined in their motion as well. If the court grants the motion to intervene, they will become directly involved as defendants.
Stay Informed With ALG Lawyers
We at ALG Lawyers understand the uncertainties the administrative stay has created for numerous households, particularly those with mixed-status family members. Generally, the decision to apply depends on the applicant’s eligibility and willingness to incur financial risks while PIP approvals are temporarily on hold.
Note that your window for applying to this program may close forever if another court order prohibits USCIS from accepting applications. Yet, since the timeline and outcome of the legal proceedings remain unclear, it’s critical to consult with an immigration lawyer to discuss the risks and benefits before proceeding with the application.
Besides offering top-quality legal services, ALG Lawyers is committed to staying up-to-date on any developments in immigration law. Contact our team now for expert guidance on concerns about the new PIP program and other immigration-related needs.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)