Published: September 10, 2024
The newly expanded parole-in-place (PIP) program, which began receiving applications on August 19, 2024, provides a new beacon of hope for countless mixed-status families in the US.
Despite the long-term security it can offer families, 16 states challenged the new PIP rule’s implementation on August 23, 2024. District Court Judge J. Campbell Barker initially ordered an administrative stay for the PIP program for 14 days.
Based on the court’s initial ruling, the US Citizenship and Immigration Services (USCIS).couldn’t grant the PIP under the Keeping Families Together program until September 9, 2024. The temporary pause enables the court to review the program’s legality and prevent any irreversible impact before a final decision.
The administrative stay order is renewable, allowing the court to extend it if there are compelling grounds as the litigation continues. On September 4, a new court order extended the temporary stay and restraining order for an additional two weeks, expiring at the end of September 23.
Background on the Program and Lawsuit
With roughly 500,000 non-citizen spouses and 50,000 stepchildren of US citizens as potential beneficiaries, the new PIP program is a significant step towards strengthening family unity and stability within the immigration system. Over 1.6 million US citizen family members, including 1.1 million children, live in the same household with these undocumented individuals.
Such families commonly endure prolonged separation from loved ones and the threat of immigration enforcement policies deportation. Meanwhile, if parole in place is granted, eligible mixed-status family members can stay in the US and apply for lawful permanent residence for up to three years without leaving the country.
Unfortunately, the program’s implementation has faced legal challenges. The lawsuit spearheaded by Texas asserts that the newly expanded policy oversteps statutory authority and exacerbates the illegal immigration crisis within the state and the entire country.
Court filings also claim that the new PIP program places undue financial burdens on states. They highlight issues about potential increases in demand for state-funded services and possible lower wages stemming from the program’s enactment.
The claims presented by Texas and the other 15 states appear significant enough to warrant a thorough examination and extended administrative stay for the PIP program. By pausing the program, the court aims to carefully examine the case and prevent any actions that might be difficult to undo later.
What to Expect from the Extended Administrative Stay
The initial administrative stay was set to conclude on September 9, 2024. However, since the Texas District Court extended it for an additional 14 days, the temporary pause will continue in effect through September 23.
Eligible individuals can still proceed with their applications as the USCIS continues to accept filings and schedule biometric appointments. However, in compliance with the court’s administrative stay, the agency cannot approve PIP requests under the Keeping Families Together program in the meantime.
Suppose you file during the 14-day administrative stay. Expect delays in receiving decisions on your case since the USCIS cannot grant parole approvals until the court lifts the stay. Likewise, you will not face penalties or be subject to disqualifications if the USCIS resumes approving applications.
Should the court find the program unlawful, it remains uncertain whether applicants who don’t receive USCIS’ decisions on the PIP applications will get a refund on the $580 application fee. This is one of the factors you might want to consider before submitting your application.
Remain Updated With ALG Lawyers
Legal arguments will continue as the administrative stay is still in place for two weeks more. Although approvals are currently on hold, you may want to proceed with your application, as there are no restrictions on submitting at this time. Otherwise, your opportunity to apply for the program may close forever if a future order prohibits USCIS from accepting filings.
In any case, remain updated with the program’s current and future developments. Seeking guidance from an immigration lawyer is also imperative, as the duration and outcome of the legal proceedings are still unclear. Our team at ALG Lawyers is dedicated to staying current on immigration law and providing top-quality legal services. Contact us today for a consultation.
(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.)