Keeping Family Together
The Keeping Family Together program was blocked

Federal Court Blocks the “Keeping Families Together” Program Launched by the Biden Administration

The “Keeping Families Together (KFT)” program, aimed at legalizing undocumented immigrants who are spouses of U.S. citizens and have lived in the country for more than 15 years, was suspended by federal judge J. Campbell Barker just a few months after its launch. This decision was a blow to many families who had already applied for legalization.
In a brief ruling, the judge stated that the Biden administration did not have the authority to grant a “parole on the spot” to undocumented immigrants. As a result, he annulled the program. Initially launched in June 2024, the program aimed to protect spouses and children of U.S. citizens from deportation and to provide them with legal status and work authorization without the need to leave the country. However, despite the program’s good intentions, in August 2024, a group of 16 Republican-led states filed a lawsuit, claiming that the Biden administration overstepped its authority. On November 7, 2024, Judge Barker ruled in favor of the plaintiffs, stating that the administration acted beyond its legal rights. Experts note that this decision raises serious questions about the future of American families who had hoped for stability and protection.

The closure of the program seems unjustified, as under existing law, spouses of U.S. citizens are already entitled to apply for permanent residency. Biden’s program only simplified the procedure, removing the need to seek a waiver from strict requirements or to leave the country for a consular visa.
However, the political climate makes constructive discussion on immigration reform impossible. As a result, American families are suffering. It is estimated that around 500,000 undocumented spouses and 50,000 of their children could have participated in the Keeping Families Together program.

Professional Community Reaction and Outlook

The President of the American Immigration Lawyers Association (AILA), **Kelly Stamp**, expressed disappointment with this decision: “This program simply ensured that families wouldn’t be separated while they pursued legal status. This decision is unfair and violates the fundamental principles of family protection in our country.” AILA’s Executive Director **Ben Johnson** also noted that the judge ignored decades of using parole programs to support family unity.
Thousands of undocumented spouses and children of U.S. citizens have already submitted applications under this program. The USCIS began accepting applications on August 19, 2024.

Many families have already spent significant amounts on attorney fees and filing costs. The application fee was $580, with no exceptions or discounts. It remains unclear what will happen to the applications that have already been approved. The U.S. Citizenship and Immigration Services (USCIS) has yet to announce whether the fees paid for processing applications will be refunded.

Now, many immigrants are forced to seek other pathways to legalization, which will require consultations with experienced attorneys.

If you have applied for this program, contact your immigration attorney or reach out to our immigration firm to discuss other possible legalization options for you.


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