The "Keeping Families Together" (KFT) initiative, introduced by the Biden administration in August 2024, aimed to provide a pathway to legal status for certain undocumented spouses and stepchildren of U.S. citizens through a process known as "parole-in-place." This process would have allowed eligible individuals to remain in the United States while applying for legal status, thereby avoiding the need to leave the country for consular processing.
However, on November 7, 2024, a federal district court judge of the Eastern District of Texas ruled against the KFT initiative, declaring it unlawful. The court found that the program exceeded the executive branch's authority by effectively creating a new immigration pathway without congressional approval. This decision has halted the implementation of the KFT initiative, leaving many mixed-status families in uncertainty.
Implications for Applicants:
The impact to applicants for parole-in-place status varies, depending on the status of the application.
Approved Applications: For those individuals who applied early and had their cases approved already, they should not be affected by this decision for now. Most of these applicants had already submitted waiver applications before, and their background checks had been already completed.
Pending Applications: Individuals who have already submitted applications under the KFT initiative should anticipate delays or potential denials, as the program's legal foundation has been invalidated. It is unclear how the government will handle these cases. It's likely that these cases will be placed on hold for the time being.
Future Applications: The USCIS is expected to cease accepting new applications related to the KFT initiative in compliance with the court's ruling. Applicants should stop submitting the I-131F application to USCIS.
The Future of KFT:
The current administration may attempt to appeal this federal court decision to a higher court, although the chances for a successful appeal are uncertain. As of now, the current administration has not indicated that it will appeal the district court decision. As such, the future of the KFT initiative remains uncertain, especially with the recent political shifts following the 2024 elections. The incoming administration may introduce new immigration policies that could impact mixed-status families. In general, the new administration is expected to push out conservative immigration initiatives, especially against those who are undocumented. Hence, the prospects for any executive relief programs are bleak.
Recommended Actions:
As always, affected individuals should seek advice from immigration attorneys to explore alternative legal avenues, for adjusting their status or to understand the implications of the court's decision on their specific circumstances. One possible application to pursue are provisional waivers which, if approved, would allow undocumented immigrants to apply for immigrant visas from overseas to return to the U.S. as legal residents. However, they must prove that their close citizen or resident family members will suffer extremely hardship is the waiver is not approved.
In general, early planning and timely actions are critical for a successful immigration journey. Foreign nationals should also stay informed and monitor official communications from USCIS and other relevant government agencies for updates on policy changes or new programs that may offer relief or affect their ability to stay in the United States.
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