
Oct. 14, 2024.
By Olia Catala of Catala Immigration PLLC
On August 19, 2024, the Department of Homeland Security (DHS) implemented the Keeping Families Together initiative, a process allowing certain undocumented spouses and stepchildren of U.S. citizens to request parole as a means to adjust their immigration status from within the United States. However, the criteria for eligibility are stringent. The noncitizen must demonstrate a clean criminal history, pose no threat to national security, and have been both married to a U.S. citizen and physically present in the country for a minimum of ten years as of June 17, 2024.
While individuals eligible under the Keeping Families Together program have a legal route to permanent residency, the existing process carries substantial risks. At present, immigrants endure years of waiting for the approval of a Provisional Waiver (Form I-601A), which forgives their unlawful presence. After receiving approval, they must return to their country of origin for consular processing. This journey is fraught with danger (as many fled their home countries for compelling reasons), and their return is fraught with uncertainties. As a result, despite a clear legal route to a green card for these immigrants, they risk being separated indefinitely from their loved ones in the U.S.
Keeping Families Together offers a vital solution to the risks noncitizens face, allowing those already eligible for green cards to adjust their status without having to leave the United States. So why would states oppose this? The truth is, there is no legitimate reason. This opposition is nothing more than a political tactic designed to scapegoat immigrants, blaming them for broader societal problems. In doing so, it undermines the stability of families and cruelly jeopardizes hopes for a secure future.
On August 26, 2024, the United States District Court for the Eastern District of Texas, in the case “Texas v. Department of Homeland Security” (Case No. 24-cv-306), issued an administrative stay, initially set for 14 days. This stay prevents the Department of Homeland Security (DHS) from granting parole in place under the Keeping Families Together. Since that date, the stay has remained in effect through multiple court orders. Most recently, on October 4, 2024, the District Court reinstated the original August 26 temporary stay and issued a restraining order, which is scheduled to expire on November 8, 2024.
The states involved in this case argue that the Department of Homeland Security has overstepped its authority and claim they would face financial harm due to increased public spending. But this argument does not hold up. In reality, allowing eligible undocumented citizens to adjust their status would benefit the country financially, not hurt it. By obtaining legal status and Social Security numbers, these individuals would contribute their fair share in taxes, which would directly support state-funded services like schools, infrastructure, and public programs. Far from causing harm, this would strengthen local economies.
The idea that states would suffer financially is unfounded. It simply a political tactic aimed at stalling immigration reform and appealing to anti-immigration sentiments within the Republican base. There is no legitimate basis for claiming these states would face harm. Instead, this opposition hampers potential progress that would benefit both immigrant families and the broader economy.
The public needs to be fully informed about the Keeping Families Together and stand up for what is just, fair, and common sense. It is wrong to block progress and tear apart families who already have a clear path to legal stability in the U.S. Our current immigration system is broken, and we should not fear making necessary changes.
Granting eligible undocumented citizens the opportunity to adjust their status helps strengthen families, communities, and the economy. Urge your state legislature to focus on meaningful solutions that serve the public interest. It is time to prioritize compassion and common sense over political maneuvering. We need leaders focused on advancing policies that strengthen communities!
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