A Texas federal court is now hearing arguments that could impact the future of the Keeping Families Together (KFT) program, determining if hundreds of thousands of undocumented spouses of U.S. citizens will be able to stay in the country legally. This program, which allows certain undocumented spouses of U.S. citizens to apply for legal status through “parole in place,” has been unable to approve applications since August due to legal challenges from Texas and 15 other states. The trial is happening just days before a court order blocking the Biden administration’s program is set to expire.
If the court’s temporary block on the KFT program expires as scheduled on Friday, November 8, USCIS could start approving applications for the first time since the program’s launch.
What is Parole in Place?
Parole in Place (PIP) is a process allowing certain individuals who entered the U.S. without authorization to stay legally. Under the KFT program, PIP gives undocumented spouses of U.S. citizens a path to lawful status, avoiding the need to leave the country to apply for a green card.
What is Biden’s Keeping Families Together Program?
Launched by President Biden in August 2024, the Keeping Families Together program aims to support mixed-status families where one spouse is a U.S. citizen. The program enables undocumented spouses to apply to stay legally in the U.S., with benefits that include work permits, inclusion of stepchildren under 21, and three years of legal presence. The program could benefit an estimated 500,000 families.
The Legal Battle
Following the program’s announcement, Texas and 15 other states filed a lawsuit to halt it, arguing it would increase state costs for public services. The lawsuit led a federal judge to temporarily block the government from approving applications. Key dates in this legal fight include:
- August 19: Program launch
- August 23: Texas files lawsuit
- August 26: Court blocks approvals
- October 4: Block extended to November 8
- November 5: Trial begins
- November 8: Current block set to expire
The Impact on Families
USCIS continues to accept and process applications (Form I-131F), conducting background checks, fingerprinting, and reviewing documents, although final approvals await a court decision. Immigration attorneys encourage eligible families to apply now, as earlier applications may be first approved if the program is unblocked.
Possible Outcomes After Friday
Several scenarios could unfold:
- Block Expires: The government begins approvals, work permits are issued, and families receive legal protection, though states may appeal.
- Block Extended: Processing continues but without approvals; a new deadline is set.
- Final Decision: The court could fully allow or stop the program, likely leading to appeals that could reach the Supreme Court.
Should Eligible Families Apply Now?
Immigration attorneys and advocacy groups advise eligible families to apply:
- Applications are reviewed in the order received.
- USCIS continues to review applications during the legal battle, which means if the hold is lifted, approvals could happen quickly.
- Applying early could lead to faster parole approval if the program is not blocked.
- There is no penalty for applying even if the program is later blocked.
The Bottom Line
Today’s trial marks the next phase for the Keeping Families Together program and the many families it could assist. While the legal case unfolds in Texas, the government’s guidance remains clear: eligible families should keep submitting applications. The program is actively processing paperwork, and if the court allows approvals to resume after Friday, earlier applicants will be prioritized.
We’ll continue to closely monitor the trial and provide updates on its impact on mixed-status families. For now, focus on what’s within your control: organizing documents, submitting complete applications, and attending scheduled appointments. The legal process will proceed on its timeline, but being prepared gives you the best possible position, no matter the outcome.
