New immigration policies are often met with a sea of lawsuits attempting to stop the new rule from coming to fruition. Most recently, sixteen states joined together to sue the Biden administration’s implementation of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. This has resulted in the policy being enjoined.
What does it mean for a policy to be “Enjoined?”
When any government agency enacts a new policy, legal challenges to the policy are often brought to the courts by a state, organization, or large group of affected individuals. Most often, the legal challenge is based on the new policy’s conflict with existing law, including the Constitution, how it was implemented, and/or the policy’s violation of basic rights.
When a challenge such as this is brought to a court, oftentimes that court issues an “injunction” on the policy while it determines the merits of the claim. In plain language, this means the policy is put on hold while the court determines if the policy is legal. We most recently saw this in action with the enjoinment of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens under the Biden administration’s “Keeping Families Together” program.
What is the argument against Form I-131F?
Sixteen states have joined together to sue the federal government, arguing the new pathway for spouses and stepchildren of U.S. Citizens to adjust status and obtain a green card contradicts existing U.S. immigration law under the Immigration and Nationality Act (“INA.”) As of August 27, 2024, the U.S. District Court for the Eastern District of Texas enjoined the new Form I-131F while it hears the case brought by these sixteen states. This means, for now, USCIS is accepting Form I-131F, but will not adjudicate them until/unless the Court finds the policy is legal.
Conclusion
Litigation of new immigration policy is common and expected. We will continue to watch what happens in the Eastern District of Texas, but it is likely further suits will be filed against the new Keeping Families Together policies. The world of immigration law changes rapidly. If you believe you or your family members may benefit from the Keeping Families Together policy, it’s advisable to consult an immigration attorney for the most up to date information.
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We Can Help!
If you have questions regarding Form I-131F Parole in Place for Noncitizen Spouses, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
