LOS ANGELES—Hope for many mixed-status families across the United States (U.S.), including 12 percent of undocumented immigrants residing in California who are married to U.S. citizens, has been shattered.
In 2024, amidst the presidential election season, President Joe Biden announced his plan — known as the Keeping Families Together Program — that would have allowed spouses of American citizens to receive parole within the U.S. and apply for citizenship later on. The plan was an executive order from Biden, announced on June 18, 2024.
This law holds significance for the community of undocumented immigrants that would benefit from it, even though section 319 of the Immigration and Naturalization Act (INA) allows spouses of U.S. citizens to become naturalized. According to section 319, in order to become a U.S. citizen, one must be 18 to apply for the application Form N-400, and must be lawfully admitted permanent residents of the U.S. for at least three years before being able to submit the application. Additionally, they must be able to write and speak English, among other requirements. Usually, for couples that married out of the U.S., a U.S. citizen can submit an application to bring their spouse into the country legally as a green card holder under Form I-130, Petition for Alien Relative, and can continue the naturalization process within the U.S.
However, for many immigrants even though they are married to U.S. citizens are unable to apply for naturalization due to the nature of entering the country illegally. If they do try to apply for a green card, entering the U.S. illegally can create several issues that complicate the process. For example, applicants might receive penalties for staying an extended amount of time illegally, especially for those who have stayed over one year. Additionally, if individuals entered the U.S. illegally and are unable to apply for a green card within the United States, they have to apply from their home country.
The Keeping Families Together Program hoped to alleviate the long and tedious process of applying for permanent residency that many immigrants dread. This major legislation became effective on August 19, 2024, and was only eligible for spouses of a U.S. citizen who had been present continuously in the U.S. from at least June 17, 2024. They must have also legally married to a U.S. citizen on or before June 17, 2024. This would also allow for U.S. citizens to plead for their stepchildren, as long as they are under 21 years old, unmarried, and also present before June 17, 2024. Individuals applying would be submitted to background check for any criminal history that might deem them a threat to public safety that would disqualify them from applying. Additionally, there is a 580 dollars application fee for processing.
Having their application accepted, both spouses and step children will be granted parole for three years without having to go to their home country. However, the granted parole terminates if individuals leave the U.S. or any criminal conduct is committed. Within those three years they will be authorized to legally work in the U.S. while applying for the Form I-756, also known as the Employment Autjhrocartation Docmuent (EAD).
Shortly after the law came into effect, a coalition of 16 Republican led states filed a lawsuit against the motion. The program was put on hold for 14 days, later extended to September 23, with the possibility of the hold being extended again. On November 7, 2024 , U.S. district federal Judge J. Camkbell Barker for Texas shut the program down completely, reasoning that parole can only be given to individuals trying to go into the U.S., not those who were already living in the country by the Immigration and Nationality Act.
Effective immediately, all previous applications were disregarded and no new applications will be accepted. All appointments made with the Application Support Center have been cancelled, and those who show up will not be helped.
The program that would have benefited around 500,000 noncitizen spouses of U.S. citizens and 50,000 noncitizen step children leave many without hope, unless the Biden-Harris administration appealed to Judge J. Campbell Barker’s ruling.
What this means for many immigrants in the future is that their beacon hope has been ripped away from them — will continue to live in fear that they might have to leave the U.S. and will be unable to see their families. The 500,000 beneficiary immigrants will have to continue to wait patiently, until a new law is passed that will facilitate them getting legal permanent residency and later becoming U.S. citizens.
