The US Keeping Families Together (KFT) parole-in-place program, designed to benefit certain undocumented spouses and stepchildren of US citizens, has been halted following a federal court ruling.
The decision marks a major legal challenge to the Biden Administration’s immigration policies and leaves many families in a state of uncertainty.
Court Ruling Against the KFT Program
On November 7, 2024, US District Judge J. Campbell Barker issued a declaratory judgment and permanent injunction against the KFT program. The court found that the program went beyond the executive branch’s statutory authority, concluding that the federal government lacks the legal authority to grant parole to individuals already residing within the United States.
The ruling effectively prohibits the Biden Administration from continuing the program and halts any benefits that might have been granted under it.
What is the KFT Program?
The KFT program was introduced by the Biden Administration in June 2024 and began accepting applications on August 19, 2024. It was designed to help certain undocumented spouses and stepchildren of US citizens by granting them parole for up to three years. During this time, they would have been allowed to remain in the United States to apply for permanent residency through the adjustment of status process. This would have eliminated the need to travel abroad for consular processing, which can involve lengthy wait times outside the United States. Individuals benefiting from the program would have been shielded from deportation and permitted to seek work authorization for the entirety of their parole period. However, soon after the program was introduced, Texas and 15 additional states initiated legal action against the Department of Homeland Security (DHS) on August 23, 2024.
The plaintiffs argued that the program violated the Administrative Procedure Act (APA) by being arbitrary, capricious, and exceeding statutory authority. They sought both an immediate halt to the program and a permanent injunction. On August 26, 2024, Judge Barker issued a temporary administrative stay, halting approvals under the program but allowing USCIS to continue accepting applications while deliberations on the program’s legality were ongoing. The recent ruling now permanently blocks the program.
Impact of the Ruling
The court order means that the KFT program is no longer operational, and USCIS cannot process any pending applications or grant benefits under the program. This leaves many families who were relying on the program without a viable path forward. It is also uncertain whether the Biden Administration will appeal the ruling to reinstate the program.
In response to the court order, the USCIS has implemented several immediate measures to comply with the ruling.
The intake of new Form I-131F applications, the application form used exclusively for the KFT program, has been stopped.
Pending applications for the program will also no longer be adjudicated. USCIS has also canceled all scheduled biometrics appointments related to these applications.
Any applicants who appear for these appointments will be turned away.
Implications for Foreign Nationals and Families
The court’s decision leaves many foreign nationals and their families in limbo. Applications that were submitted before the ruling will not be processed, and USCIS has yet to clarify how these cases will be handled or whether fees will be refunded. The end of the KFT program also means that undocumented spouses and stepchildren of US citizens lose access to protections from removal and parole-based work authorization. Additionally, they will no longer be able to benefit from the streamlined path to permanent residency that the program offered.
It is currently unclear if the decision will be appealed by the Biden Administration. Should no appeal follow, the program will remain closed.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
