The End of Biden’s Parole in Place Program
The Keeping Families Together initiative, implemented by the Biden administration on Aug. 19, 2024, allowed certain undocumented spouses and stepchildren of U.S. citizens to remain in the U.S. through "Parole in Place," granting temporary legal presence to those who entered without permission but meet specific eligibility criteria. On Nov. 7, 2024, the U.S. District Court for the Eastern District of Texas issued a final judgment in the case State of Texas v. Department of Homeland Security (Case No. 24-cv-306), holding that the Department of Homeland Security lacked the statutory authority under 8 U.S.C. § 1182(d)(5)(A) to grant parole “in place” to these undocumented spouses and stepchildren and vacating the Keeping Families Together parole process. Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) is taking several actions to comply with the court’s order:
- Adjudication of pending Form I-131F applications will cease, and the intake of new Form I-131F applications is suspended.
- All future Application Support Center appointments related to the Keeping Families Together parole process are cancelled. Individuals with appointments should not attend, as they will be turned away.
- External engagements regarding the Keeping Families Together parole process are also cancelled.
USCIS will provide additional information soon regarding how pending cases will be handled and the status of any application fees paid. Affected individuals should stay informed and adjust their plans accordingly.
The Future of DACA and Trump’s Second Term
On Nov. 5, 2024, Donald Trump was re-elected to serve a second term as President of the United States. Project 2025 serves as a comprehensive policy blueprint for President Trump’s second term. In part, Project 2025 proposes sweeping changes to U.S. immigration policy, with a focus on drastically reducing both legal immigration and protections for vulnerable groups. One of the most significant impacts would be on DACA recipients, with over 500,000 Dreamers at risk of losing their legal status. Since 2012, DACA has provided work permits and temporary protection from deportation for certain undocumented immigrants who were brought to the country as children. The Project 2025 blueprint for Trump’s second terms calls for a halt to the processing of renewal applications for DACA recipients by eliminating staff time and resources dedicated to managing these cases. Without the ability to renew their protections or work authorization, many DACA recipients could be pushed out of legal status, potentially facing deportation or forced to leave the country.
The termination of the DACA program could pose significant challenges for U.S. employers, as it would strip work authorization from individuals previously protected under the program. This change could exacerbate labor shortages nationwide, with nearly 500,000 DACA recipients currently contributing to the U.S. workforce, particularly in industries that depend on immigrant workers, such as agriculture, construction and hospitality. Without DACA, employers may lose access to a vital segment of their workforce, potentially disrupting operations and creating gaps in industries already struggling to meet labor demands. This underscores the broader economic implications of ending the program, as businesses nationwide depend on the skills and contributions of DACA recipients to maintain stability and growth. Employers should assess their workforce strategies and consider alternative staffing solutions in anticipation of these potential changes.
DACA recipients should continue to stay alert to their renewal deadlines, and both they and their employers should keep an eye on any ongoing legal developments.
For questions concerning DACA and the now-defunct Parole in Place program, please contact Sarah Bileti, Daniel Persinger, Christopher LeClair or your Warner attorney.
