A federal judge in Texas has struck down a Biden administration program aimed at providing a pathway to U.S. citizenship for certain undocumented immigrants married to American citizens. The program, known as “parole in place,” allowed certain undocumented spouses of U.S. citizens to stay in the country, work legally, and pursue citizenship without fear of deportation.
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued the ruling after a legal challenge by 16 Republican-led states, spearheaded by Texas Attorney General Ken Paxton. In a detailed 74-page opinion, Judge Barker concluded that the Biden administration overstepped its authority, asserting that the program extended beyond the powers granted by Congress. He 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, which was implemented earlier this year as President Biden sought re-election. The ruling on Thursday now halts the program permanently, a decision that aligns with other court battles over Biden’s immigration policies, many of which could face additional scrutiny under the incoming Trump administration.
Additionally, Judge Barker denied a request from individuals benefiting from the program who sought to intervene in the case to defend the policy themselves.
In a statement, USCIS said:
- It would no longer accept Form I-131F — the form used to apply for Biden’s parole in place expansion — and cease adjudicating any pending Form I-131F applications
- All upcoming Application Support Center appointments for Form I-131F are now canceled. Anyone arriving for these appointments will be turned away.
The agency also said it would provide additional information in the coming days on whether or not it would refund application fees.
What is Biden’s KFT Program?
The Keeping Families Together program, launched by President Biden in August 2024, aims to help mixed-status families – where one spouse is a U.S. citizen and the other lacks legal status. Currently, many undocumented spouses must leave the U.S. to apply for legal status, often facing years of separation from their families. Under the program, undocumented spouses can apply to stay in the U.S. legally through the parole in place process.
Under the program:
- Undocumented spouses can apply to stay in the U.S. legally
- They can receive work permits while seeking permanent status
- Stepchildren under 21 years old can be included
- Approved applicants get three years of legal presence
- An estimated 500,000 families could benefit
The Legal Battle Explained
In response to the program’s announcement, Texas and 15 other states sued to stop it, arguing that allowing hundreds of thousands of undocumented residents to receive parole in place would strain state budgets through increased public service costs. The states’ lawsuit prompted a federal judge to temporarily block the government from approving applications while considering these arguments.
The legal fight has unfolded rapidly:
- August 19: Program launches, accepting first applications
- August 23: Texas and other states file lawsuit to block it
- August 26: Court issues initial block on approvals
- October 4: Block extended to November 8
- November 5: Trial begins in Tyler, Texas
- November 7: Federal court rules the program unlawful
Inside the Trial
The Judge and Past Rulings
Judge Barker, confirmed to the Eastern District of Texas in 2019, has previously ruled on several high-profile immigration cases. In 2021, he issued a preliminary injunction against President Biden’s 100-day pause on deportations, siding with Texas’s argument that the policy would impose costs on the state. However, legal experts note that this case raises questions about federal authority and state standing.
Similar Cases Shape Expectations
The trial follows a pattern of state challenges to federal immigration programs:
DACA Precedent (2012-Present)
- States similarly claimed economic harm
- Took years to reach the Supreme Court
- The program continued during legal battles
- Courts focused on state-standing issues
Public Charge Rule (2019-2021)
- Multiple states challenged federal policy
- Preliminary injunctions played a key role
- Cases demonstrated the importance of proving state costs
Humanitarian Parole Programs
- Cuban Adjustment Act set early precedents
- Afghan and Ukrainian parole programs faced similar challenges
- Courts generally upheld federal parole authority
What’s Next
The Biden administration will likely appeal the decision. The Fifth Circuit Court of Appeals oversees Texas cases and has a track record of expediting immigration decisions, typically ruling within three to six months. If the case reaches the Supreme Court, as similar immigration cases often do, justices would likely prioritize it given its national impact. Still, a final resolution through appeals could take six to eighteen months.