The Biden administration recently launched a program that would provide a pathway to citizenship for certain undocumented spouses and stepchildren of U.S. citizens. First available on August 19, 2024, this process was designed to allow eligible family members to receive a green card without needing to leave the U.S. and risk enduring a period of separation from their families.
Known as Keeping Families Together, this program gave U.S. citizens and their family members the hope of being able to achieve legal status and a long-desired sense of security. The Department of Homeland Security estimated that approximately 500,000 noncitizen spouses of U.S. citizens would be eligible to apply under this program.
This blog post will focus on the current status of the Keeping Families Together program and possibilities for what could come next. For more information on who is eligible to apply for the Keeping Families Together program, please see USCIS’ guidelines here.
Keeping families together program under court review
A week after this new program launched, the U.S. District Court for the Eastern District of Texas issued an order requiring USCIS not to approve any applications until the Court decided several issues in the case.
Yesterday, September 11, 2024, the Fifth Circuit Court of Appeals in New Orleans, Louisiana issued an unpublished order requiring that paused the proceedings in the U.S. District Court for the Eastern District of Texas while the Fifth Circuit resolved another matter regarding this case. In this latest court order, the 5th Circuit has scheduled oral argument for October 10, and USCIS approval of these applications will remain on hold indefinitely pending further action by the Court.
is uscis still accepting keeping families together applications?
USCIS is still accepting applications for the Keeping Families together program, although the government remains unable to approve any filed applications. Applications must be filed online and require a government filing fee of $580. Please note that USCIS has not guaranteed that it will refund filing fees if the Keeping Families Together program is permanently stopped.
WHAT COULD HAPPEN to THE keeping families together program?
There are a several possibilities as to what could happen next. Following oral arguments on October 10, the Fifth Circuit could make a decision on the merits of the case, either reactivating the Keeping Families Together program or stopping the program.
In either event, the case is likely to be appealed to the Supreme Court of the United States. The Supreme Court would then decide whether to hear the case or to allow the Fifth Circuit’s ruling to remain in place. The Supreme Court typically issues decisions in late June or early July.
Another possibility is that the Fifth Circuit may send the case back to the U.S. District Court for the Eastern District of Texas following their initial review. This would then likely be appealed to the Fifth Circuit Court of Appeal and ultimately to the U.S. Supreme Court, making for a lengthy process.
The final possibility is a political solution. As a general rule, Courts must give greater respect to laws issued by Congress vs executive actions such as the Keeping Families Together program. If Congress passes a law that provides these protections, this could allow family members of U.S. citizens to apply for green card status without leaving the United States.
Of course, there is a presidential election in November 2024. At the same time, voters will decide 33 open Senate seats and all 435 seats in the House of Representatives. At this stage, the potential results of these Congressional elections remain uncertain. Based on the outcome of these elections, it is possible that Congress could pass a law protecting family members of U.S. citizens once the new members of Congress are installed in early 2025.
Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are looking for help, I recommend scheduling a consultation with an experienced immigration attorney. I provide immigration law services in Portland, Oregon and to clients throughout the United States and abroad. This post is intended as only general information and is not a substitute for legal advice.
Vance Berry, Principal Attorney
Photo credit: William Cho