Biden’s KFT Parole in Place Faces Legal Hurdles Amid Rollout

Introduction and Purpose of the KFT Parole in Place

In June 2024, the Biden administration introduced the Keeping Families Together Parole in Place (KFT PIP) initiative. Aimed at humanitarian relief, the program allows undocumented spouses and stepchildren of U.S. citizens to adjust their legal status without the necessity of leaving the United States. By offering this solution, the administration seeks to reduce family separations and facilitate a smoother path to legal residency for qualifying family members.

Application Process and Eligibility

Officially implemented on August 19, 2024, the KFT PIP program requires applicants to file Form I-131F online. This Application for Parole in Place necessitates a filing fee and a stringent set of documents to accompany it. Applicants must present compelling public benefit or urgent humanitarian reasons for their eligibility, ensuring that they do not have any criminal history that could disqualify them. Furthermore, they must not pose a threat to national security or public safety.

Litigation Challenges Halting Progress

The rollout faced immediate hurdles when, on August 23, 2024, a coalition of 16 states, led by Texas, filed lawsuits to challenge the program’s legitimacy. This legal action prompted a Texas federal court to order the U.S. Citizenship and Immigration Services (USCIS) to halt application approvals. The conflict brings to the forefront the significant and often contentious intersection between state policies and federal immigration reforms.

Delayed Applications and Court Proceedings

On September 11, 2024, the Fifth Circuit Court of Appeals intervened, issuing a stay that paused all district court proceedings. This stay effectively put the KFT PIP process on indefinite hold. Despite the legal obstacles, USCIS continues to accept and preliminarily review applications, though approval cannot be granted until the courts reach a final decision. This situation has left thousands of applicants in an uncertain position, awaiting resolution.

Biometric Requirements and Employment Authorization

Regardless of the current legal pause, applicants still need to attend scheduled biometric appointments if notified. Successful candidates in the future could be entitled to request an Employment Authorization Document (EAD) once granted parole, which can be done through the submission of Form I-765. Nevertheless, the duration for any granted parole remains capped at three years and is subject to termination by the Department of Homeland Security at any time.

Future Uncertainty and Impact on Families

The KFT PIP program’s future remains uncertain, heavily contingent on the outcomes of ongoing legal battles. The present legal stalemate results not only in halted approvals but also in potential financial losses for applicants who risk losing their filing fees if the restrictions remain firm. As families wait, the broader implications of this program highlight the complex challenges in balancing compassionate immigration reform with prevailing legal and political dynamics.