Under the Biden administration, the Parole in Place (PIP) policy, expanded through the “Keeping Families Together” (KFT) initiative, has provided relief for certain undocumented family members of U.S. citizens, including spouses and stepchildren. This program offers a pathway to temporary lawful status, allowing qualified individuals to stay in the U.S. and apply for adjustment of status without needing to leave the country. However, the future of the KFT program is now uncertain due to a recent lawsuit filed by Texas and other states, which has led to a court-ordered stay. As this case progresses, applicants should be informed and prepared for potential changes. Here, we’ll outline what the KFT program entails, the current legal situation, and how to best prepare for what lies ahead.
What is the “Keeping Families Together” (KFT) Program?
Introduced by the Biden administration in 2024, the KFT program aimed to provide certain undocumented family members of U.S. citizens with a pathway to lawful status. This expansion allowed undocumented spouses and stepchildren of U.S. citizens to apply for “parole in place,” a status that prevents deportation and provides a pathway for adjustment of status while remaining in the U.S. By granting a temporary “parole” status, KFT opens a path to obtaining a green card for individuals who would otherwise need to leave the country to apply for lawful residency.
Eligibility for KFT Parole in Place
• Family Relationship: Applicants must be the spouse or stepchild of a U.S. citizen.
• Background Check: Each applicant must pass a security screening to ensure they meet program standards for good moral character and do not pose a security risk.
• Eligibility for Adjustment of Status: KFT provides a legal entry for those seeking to adjust status, allowing applicants to apply for a green card within the United States without leaving and risking re-entry restrictions.
Why is the KFT Program Important?
The KFT program’s benefits are significant for families facing separation due to immigration challenges. For those who qualify, it means:
• Protection from Deportation: KFT parole provides temporary protection, allowing family members to remain with their loved ones in the U.S. without the constant fear of deportation.
• Pathway to Legal Residency: KFT enables qualified applicants to pursue a green card from within the U.S., simplifying and speeding up the process.
• Reduced Stress for Families: By providing a way to remain together, the program alleviates much of the uncertainty and stress that undocumented families often face.
The Texas Lawsuit and Legal Challenges
On August 23, 2024, Texas, along with 15 other states, filed a lawsuit challenging the legality of the KFT program. The plaintiffs argue that the Department of Homeland Security (DHS) exceeded its authority and did not follow proper administrative procedures in implementing the program. U.S. District Judge J. Campbell Barker of the Eastern District of Texas issued an administrative stay on August 26, 2024, temporarily blocking DHS from granting parole under KFT for two weeks. This stay has since been extended, and as of November 2024, it remains in effect, halting the processing of new KFT applications until the legal issues are resolved.
The outcome of this lawsuit is critical because it could lead to:
• Restriction or Removal of KFT Benefits: If the courts rule against the DHS, KFT could be limited, altered, or even rescinded.
• Processing Delays or Denials: While the stay is in place, processing times are delayed, and some pending applications may be affected, adding uncertainty for families relying on this program.
• Future Uncertainty: The upcoming presidential administration may further impact the program, as it could either support or oppose the continuation of KFT and similar programs.
How to Prepare for Potential Changes
Given the ongoing litigation and potential policy shifts, it’s crucial for families who have submitted KFT applications or are considering applying to understand their options and make informed decisions. Consulting with an experienced immigration attorney is essential for navigating these challenges.
Attorney Mona Mansour and her team can help by:
1. Assessing Eligibility: Attorney Mansour can review your case, confirm if you meet current KFT criteria, and explore alternative options in case the program changes.
2. Guidance on Next Steps: Immigration processes can be complex, especially during times of legal uncertainty. Attorney Mansour can help you understand your options and make informed decisions.
3. Monitoring Policy Updates: As immigration policies and court rulings evolve, staying informed is critical. With Attorney Mansour’s guidance, you can receive timely updates about any changes impacting your case.
Schedule a Consultation with Attorney Mona Mansour
For those with pending KFT applications or considering submitting one, now is the time to plan for potential changes. A consultation with Attorney Mona Mansour will provide you with peace of mind and help you prepare for the uncertain future of the KFT program. Don’t wait—take proactive steps today to secure your family’s future.
Contact us to schedule a consultation with Attorney Mona Mansour and explore your options under the current and potential future policies.