Federal Judge J. Campbell Barker in Texas has halted the Biden administration’s “Keeping Families Together” (KFT) initiative, which allowed undocumented spouses and stepchildren of U.S. citizens temporary legal presence while they pursue permanent residency. The program was launched in August 2024 and offered temporary work authorization for up to three years with the goal of alleviating family separations caused by immigration restrictions.
Context and Details of the Program:
The KFT program, also known as a “parole in place” initiative, was meant to support an estimated 500,000 mixed-status families, providing a more secure legal footing while spouses sought permanent status. Typically, undocumented spouses must leave the country in order to apply for residency, often resulting in prolonged family separation and uncertainty. The Biden administration launched KFT to address this issue, intending to streamline the application process for family unity and reduce hardships caused by existing immigration policies.
Judge Barker’s ruling hinged on two primary arguments:
- Exceeding Executive Authority: Barker ruled that the administration does not have the power to grant broad pathways to residency for undocumented immigrants, viewing this as a matter reserved for Congress. This mirrors arguments used against other executive immigration actions, like DACA.
- State Economic Burden: Texas and other states contended that KFT would increase costs for public services by incentivizing more undocumented individuals to apply, placing an economic burden on state resources.
What’s Next:
U.S. Citizenship and Immigration Services (USCIS) posted that the program has ended, and they will no longer process applications. They have not decided what to do about the fees have been paid.
The appeal process will take several months, with mixed-status families awaiting resolution. The KFT case aligns with a broader trend where state-led lawsuits have challenged federal immigration policies, adding pressure on lawmakers to address comprehensive immigration reform. Should the case advance to the Supreme Court, it would likely be given high priority due to its broad impact. However, the entire appeals process could extend the final resolution timeline to six to eighteen months, depending on the progression through these higher courts.
Contact Experienced Immigration Attorneys Today
The Immigration Law Office of Hadley Bajramovic is located at 5225 Canyon Crest Dr., Suite 450, Riverside, CA 92507. You may reach us at 951-588-9838 or visit our website www.immigrationhadley.com
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