On June 18, 2024, the Biden administration announced the new administrative order. This administrative order helps eligible noncitizen aliens who entered the U.S. without visa, by allowing “parole-in-place (PIP)” to resolve the illegal entry problem and enable them to possibly apply for green cards. The final details of this order were announced on August 19, 2024. I explained in 4 parts, as to how this new administrative order can help people, who would benefit from this order, what are the eligibility requirements, and how to apply.
The administrative order was immediately challenged via a federal lawsuit (6:24-cv-00306-JCB) filed in U.S. District Court for Eastern District of Texas on August 23, 2024, only 4 days after the announcement. The complaint alleges that such administrative order for the new PIP process is unconstitutional, and a motion was filed for a court order to stay (i.e. temporarily halt) the new PIP process. The district court issued the administrative stay order on August 26, 2024, pausing DHS from granting parole in place under Keeping Families Together.
The individual beneficiaries of the Keeping Families Together and the Coalition for Humane Immigrant Rights sought to intervene, but the District Court for Eastern District of Texas denied their motion and this lower court’s decision was affirmed by the Fifth Circuit Court on October 4, 2024. The lower court’s administrative stay against the Keeping Families Together remains in effect until November 8, 2024, and it also set forth a hearing schedule to resolve factual issues, to be heard on November 5, 2024.
Due to the district court’s administrative stay, USCIS will not grant any pending PIP requests under Keeping Families Together while the stay order is in place. However, USCIS will continue to accept the Form I-131F filings for the PIP request, as well as to schedule biometric appointments and capture biometrics (fingerprints) at Application Support Centers.
The outcome of this challenge to the administrative order is still uncertain. I believe it is safer for eligible noncitizens to still prepare to make the PIP request, but seeking legal guidance is recommended while monitoring how the current legal challenge unfolds.
Immigration matters are time-consuming and requires a lot of paperwork. Any mistakes could mean delayed processing, or even denial. Especially for people who are already in a risky situation, it would be best to consult an attorney about the options and get professional help.
Should you have any questions or concerns about the new administrative order, or any general immigration matters, or any other legal matters that our office could help you with, please do not hesitate to contact our office at 718-335-1100 or at [email protected].
Date: 10/09/2024