Recent developments in the ever-changing landscape of United States immigration policy highlight the ongoing challenges for undocumented immigrants and their families. Two key developments – the status of Deferred Action for Childhood Arrivals (DACA) and the Biden administration’s newly announced Keeping Families Together initiative – could have significant ramifications for undocumented immigrants living in the U.S.
The Status of DACA: Recent Court Rulings and What It Means
Initiated in 2012 through executive order by President Barack Obama, DACA provides work permits and temporary protection from deportation for certain undocumented immigrants who were brought to the country as children. DACA remains a critical program for over 530,000 participants who rely on it to live and work in the U.S.
In a blow to these participants, on September 13, 2023, the U.S. District Court for the Southern District of Texas ruled that the DACA program was unlawful and inconsistent with the Immigration and Nationality Act. However, the court's order maintained a partial stay, allowing individuals who had received DACA status before July 16, 2021, to continue holding DACA and their Employment Authorization Documents (EADs) until they expire. This decision expanded a prior 2021 injunction from the same court that blocked new DACA applications but allowed the processing of renewals.
For current DACA recipients, this means that their DACA protections and work authorizations remain valid. The United States Citizenship and Immigration Services (USCIS) will continue to accept and process DACA renewal requests, but it will not process any new, initial applications. Renewal applications are being processed within an average of one to two months, and DACA recipients are encouraged to submit renewal requests four to five months before their DACA expires to avoid any lapse in status or employment authorization.
With its ongoing legal challenges, DACA's long-term viability remains a matter of debate and judicial scrutiny.
Biden's Parole in Place Program: Keeping Families Together
The Biden administration recently announced the Keeping Families Together initiative. Implemented by the Department of Homeland Security on August 19, 2024, this program allows certain noncitizen spouses and stepchildren of U.S. citizens to remain in the U.S., despite having previously entered the U.S. without permission. Known as Parole in Place – this discretionary authority grants temporary legal presence to these undocumented individuals living in the U.S.
This initiative is designed to provide relief for an estimated 500,000 undocumented spouses and 50,000 undocumented stepchildren of U.S. citizens, many of whom have been living in the U.S. for over two decades. To qualify for Parole in Place, the undocumented spouse must have entered the U.S. without permission, have been married to a U.S. citizen as of June 17, 2024, have lived in the U.S. for at least 10 years as of June 17, 2024, and not otherwise be disqualified for parole. The stepchildren of U.S. citizens must only be physically present in the U.S. as of June 17, 2024, have entered the U.S. without permission and not otherwise be disqualified for parole.
If granted parole, these individuals may be eligible to adjust their status to lawful permanent residents without having to return to their country of origin. This is a critical development for many American families who face the separation of loved ones due to immigration restrictions.
This program has also encountered legal roadblocks. On August 26, 2024, the U.S. District Court for the Eastern District of Texas issued an administrative stay in Texas v. Department of Homeland Security, 6:24-cv-306 (E.D. Tex.), temporarily halting the approval of any new parole requests under the program for 14 days. Subsequently, the court issued another order and extend the administrative stay through September 23, 2024. While USCIS continues to accept applications, no new grants of Parole in Place will be issued until the stay is lifted. Applications approved before the stay remain unaffected.
Conclusion
DACA and the Keeping Families Together initiative are fraught with legal uncertainties. While these initiatives seek to address family separation and temporary protections, court rulings continue to challenge these programs. As the legal battles unfold, hundreds of thousands of undocumented individuals remain in limbo, waiting for clarity on their immigration status and hoping for a more permanent solution.
For now, DACA recipients should remain vigilant about their renewal timelines, and noncitizen spouses and stepchildren of U.S. citizens should stay informed about the Parole in Place program as it progresses through the courts. As the immigration landscape continues to shift, these programs serve as crucial components of the ongoing debate on how best to reform the U.S. immigration system.
For questions concerning DACA and the Parole in Place program, please contact Sarah Bileti, Dan Persinger, Chris LeClair or your Warner attorney.
