Sixteen States File Legal Challenge to Parole in Place for Undocumented Spouses of U.S. Citizens
Two months ago we reported on the Biden administration’s expansion of Parole in Place for undocumented spouses of U.S. citizens. Now that brand-new policy is headed for court with 16 states, led by the Texas Attorney General, challenging the law as unconstitutional. See below for a reminder of what Parole in Place is, its recent expansion, and how this latest legal challenge could impact a pathway to Green Cards for half a million immigrants. For help with Green Cards, citizenship, deportation defense, and other critical immigration legal needs, contact Gladstein & Messinger, P.C., to share your needs and goals with an experienced and successful New York immigration lawyer.
What Is the Parole in Place Program?
Parole in Place is a policy that allows certain undocumented immigrants to obtain legal status without having to leave the United States. Traditionally, undocumented individuals who wished to adjust their status had to leave the country and apply for a visa at a U.S. consulate abroad, often facing long waits and the risk of being barred from re-entry for several years due to previous unlawful presence. Parole in Place grants eligible individuals temporary legal permission to stay in the country and, more importantly, opens the door for them to apply for a green card without having to leave the U.S.
Parole in Place is particularly beneficial for military families, where separation due to immigration issues can cause significant hardships. According to U.S. Citizenship and Immigration Services, it “is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit.”
The Biden administration recently introduced a significant expansion to this policy: the Parole in Place (PIP) program for undocumented spouses of U.S. citizens. To be eligible for Parole in Place under this new policy, the individual must be:
- Undocumented: The program is designed for individuals who entered the U.S. without inspection or overstayed a visa.
- Spouse of a U.S. Citizen: The applicant must be married to a U.S. citizen. This policy is intended to keep families together and avoid the disruption caused by deportation or lengthy separation.
- No Serious Criminal Record: Applicants with serious criminal convictions may not be eligible for this program. Each case will be evaluated individually to determine eligibility.
The application process involves submitting Form I-131, Application for Travel Document, along with supporting evidence of the marital relationship and other required documentation. If approved, the applicant will receive a parole document, which serves as proof of their legal status in the United States.
The Legal Challenge by Texas and Other States
Despite the potential benefits of the Parole in Place program, it has not been without controversy. Texas, along with 15 other states, has filed a lawsuit challenging the legality of the program. The lawsuit argues that the Biden administration has overstepped its executive authority by creating a pathway to legal status without congressional approval. The states claim that this program circumvents existing immigration laws and could encourage further illegal immigration.
The lawsuit also raises concerns about the potential burden on state resources, such as healthcare and education, that may arise from an influx of individuals gaining legal status through Parole in Place. The plaintiffs argue that these costs should not be imposed on states without their consent or federal support.
The Impact of the Legal Challenge
The outcome of this legal challenge could have significant implications for the future of the Parole in Place program and broader immigration policy in the United States. If the courts rule in favor of Texas and the other states, the program could be halted or significantly modified, potentially leaving many undocumented spouses of U.S. citizens in legal limbo.
However, if the Biden administration prevails, the program could become a cornerstone of future immigration reform efforts, offering a model for addressing the needs of mixed-status families. The case will likely be closely watched by immigration advocates, policymakers, and affected families as it progresses through the courts.
Contact Gladstein & Messinger for Help With Parole in Place and Other Immigration Legal Needs
The Biden administration’s Parole in Place program represents a bold step toward addressing the complex issues faced by undocumented spouses of U.S. citizens. As the legal case against it unfolds, it will be crucial for those affected to stay informed about the latest developments and consult with experienced immigration attorneys to understand their options and rights under the law.
For help understanding your eligibility for Parole in Place or to explore alternatives to gaining legal status in the U.S., contact Gladstein & Messinger, P.C. at 718-791-7800 or 800-339-0535. We work every day to find solutions for individuals and families to live and work in the United States and pursue the American dream.
