On Monday, August 26th, a Texas judge temporarily suspended the Biden administration’s new immigration program Keeping Families Together, that would create a path for an estimated 500,000 illegal immigrants to obtain legal residency in addition to about 50,000 children (those under 21 must have a parent who is married to a U.S. citizen to be eligible). The policy suspension is in response to a federal lawsuit filed by 16 states whom assert that the policy would reward 1.3 million illegal immigrants, of which 200,000 live in Texas, by “circumvent[ing] the processes established by Congress to apply for permanent residency.”

“This is the first step,” said Republican Texas Attorney General Ken Paxton, one of the leaders of the lawsuit. “We are going to keep fighting for Texas, our country, and the rule of law.”

The pause order will be in effect for fourteen days, with the possibility of being extended.

As it stands, the Department of Homeland Security has issued a statement saying applications would continue being accepted and any applicants that were granted parole prior to the order will be unaffected. It is unclear at this time how many applications have been received or the length of processing time.

“Keeping Families Together enables U.S. citizens and their family members to live without fear of separation, consistent with fundamental American values,” said DHS.

Keeping Families Together Requirements

The initiative grants applicants work authorization and permanent residency within three years but in order to qualify they must:

  • Be present in the U.S. without admission or parole.
  • Have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.
  • Have no disqualifying criminal history and not pose a threat to national security or public safety.

The Next Steps

The pause is currently in effect and we will have more updates for you as they become available to us. If you have already submitted an application, the best thing to do is stay tuned for further updates from the Department of Homeland Security. For other issues related to family immigration it’s best to schedule a consultation with our attorneys.