Within a week of U.S. Citizenship and Immigration Services (USCIS) opening applications for its new Parole in Place program, a Federal Judge blocked the initiative in response to a federal lawsuit filed by Texas and 16 Republican-led states. This program was designed to support non-citizen spouses and stepchildren who entered the U.S. without proper admission or parole, offering them a pathway to adjust their status without leaving the country or the need for a waiver.
For further details of this program check out our earlier article.
District Court Judge J. Campbell Barker, appointed by Donald Trump in 2019, issued a 14-day order temporarily halting the program, which was anticipated to benefit over 500,000 immigrants.
It should be noted that the Judge did not grant the Temporary Restraining Order (TRO) that was filed as part of the lawsuit. This administrative stay is intended to give the judge more time to consider the legality of the program.
The lawsuit, initiated by Stephen Miller, a former Senior Advisor to Trump, could significantly impact the future of this program, particularly if the political landscape changes after the upcoming presidential election. If Trump were to win, the lawsuit might become moot, as his administration would likely terminate the program immediately. Even if Harris wins this program could be delayed by the lawsuit, especially with appeals.
Reports indicate that a few cases were approved under the new program before the injunction, and those individuals will retain their parole status, allowing them to proceed with an application to adjust status.
Conclusion
The temporary block on the Parole in Place program adds uncertainty for many non-citizen spouses and stepchildren of U.S. citizens. Those who were approved before the injunction can still move forward, but for others, the situation is in limbo. USCIS may continue to accept applications under the program, but they cannot approve any cases.
Given the current uncertainty, many are wondering if they should proceed with their application. The situation is fluid, and it’s unclear whether the Judge will extend the 14-day stay. The Judge has imposed a strict timeline for this case, with a decision expected around the time of the election.
Filing will cost $580 in fees, plus additional attorney fees if you choose legal representation. If the program is ultimately struck down, you won’t receive a refund, so there is a financial risk involved. Additionally, some may be concerned about sharing their information with the government as undocumented immigrants. While it’s unlikely that the government would use this information to track individuals down, a change in administration could raise valid concerns about potential repercussions. We will continue to monitor developments closely and provide updates as they become available.
If you have questions regarding the above process, please contact PLG Partner, Chris Prescott at cprescott@patellegal.com.