Judge Strikes Down Biden Parole in Place Program

A federal judge has struck down a Biden administration program aimed at providing a pathway for certain undocumented immigrants married to American citizens to become legal. The program, known as “parole in place,” would have allowed certain undocumented spouses of U.S. citizens to gain legal status and to apply for permanent residence.

The legality of the program which is not mentioned anywhere in the immigration laws of the United States, was challenged by 15 different states. Judge Barker concluded that the program overstepped the authority of the administration because it extended beyond the powers granted by Congress. Judge Barker wrote that the administration’s interpretation of immigration law “stretches legal interpretation past its breaking point.”

Previously, in August, Judge Barker had temporarily blocked the program just weeks after it was announced. The ruling now halts the program permanently.

What’s Next

It is expected that the Biden administration will appeal the decision and that the Fifth Circuit Court of Appeals, which oversees cases from Texas, will expedite a review of the case. USCIS continued to accept applications for the program even after Judge Barker issued an injunction. The Agency has yet to advise applicants on how it plans to handle applications already filed but we expect an announcement soon.