Federal Judge Overturns Biden's Parole in Place Program

The Parole in Place program was an initiative by the Biden administration designed to provide a pathway to US citizenship for undocumented immigrant spouses of American citizens. This program allowed certain undocumented spouses to remain in the country and work legally.

However, the program faced significant opposition and was eventually struck down. Early this month, a federal judge in Texas determined that the Biden administration had overstepped its authority with this initiative. This ruling followed a lawsuit initiated by 16 Republican-led states led by Texas Attorney General Ken Paxton.

In his 74-page opinion, Judge Barker of the US District Court for the Eastern District of Texas argued that the program exceeded the limits of the authority delegated by Congress to the executive branch. He criticized the administration for interpreting immigration laws in a way that, in his view, stretched beyond the bounds of acceptable legal interpretation.

This decision is consistent with other challenges to Biden’s policies, many of which will likely face further scrutiny from the incoming government.

Requests denied

People benefiting from the Parole in Place Program sought to intervene in the case, defending the policy as best as they could. However, Judge Barker denied their request.

Updates from the USCIS

In a statement, the US Citizenship and Immigration Services (USCIS) announced that it will no longer accept Form I-131F, which was used to apply for Parole In Place. Any applications submitted using Form I-131F will not be processed, and all scheduled appointments for Form I-131F at Application Support Centers have been canceled. If you had an appointment scheduled to submit a Form I-131F, please do not go to the appointment, as you will not be able to submit your application.

The USCIS has not yet decided whether to refund application fees for Form I-131F. They will provide more information on this in the coming days.

Are you affected by this turn of events?

If you are, don’t hesitate to talk to a corporate immigration attorney at Berd & Klauss, PLLC. We will work with you to find other pathways to immigration. Set an appointment with a corporate immigration attorney by calling 212-461-7152. You may also email info@berdklauss.com.

About the Author:

Patrick Klauss, Esq., is an immigration attorney and partner at Berd & Klauss, PLLC, who specializes in all aspects of immigration law, from visas to deportation and waivers. Berd & Klauss, PLLC is a boutique, full-service immigration firm in New York dedicated to helping companies and individuals secure immigration benefits in the United States.

This content is written by Patrick Klauss, Esq, an immigration lawyer and a partner at Berd & Klauss, Pllc. The firm specializes in immigration and immigration-related issues and handles everything from immigrant visas to deportation and waivers.