Republican-led states sue to block program meant to help undocumented spouses

Sixteen states claim the Keeping Families Together program “incentivizes illegal immigration” despite the process requiring applicants to have lived in the US for at least a decade and been legally married to a US citizen on or before June 17, 2024.

Sixteen Republican-led states filed a lawsuit Friday to block a program launched by President Joe Biden to provide undocumented immigrants married to US citizens an easier path to citizenship, resulting in a federal Texas court ordering a temporarily block on the program Monday.

The policy, which was announced in June, allows undocumented spouses — that do not currently have a legal status in the US — and have been in the US for over 10 years (as of June 17, 2024) to apply for “parole in place,” offering permission to stay in the country, apply for a green card, and eventually citizenship. The US Department of Homeland Security (DHS) estimates that half a million noncitizen spouses of US citizens could be eligible for the program.

But as eligible individuals began to submit their applications to DHS last week, Republican officials in Texas, Florida, Idaho, Alabama, Arkansas, Georgia, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee and Wyoming challenged the program, claiming that it “incentivizes illegal immigration and will irreparably harm the Plaintiff states.” 

The lawsuit against the Department of Homeland Security and Secretary Alejandro Mayorkas, led by Texas Attorney General Ken Paxton, also accuses the agency of attempting to parole spouses “en masse,” and argues that parole power “may only be exercised” when an undocumented immigrant comes into the US and not for those already present in the country. 

As of 2022, the nonpartisan Migration Policy Institute estimates that roughly 22,000 undocumented immigrants in Nevada are married to US citizens. 

The states are being assisted by America First Legal, the group founded by Stephen Miller, who served as senior adviser to then-President Donald Trump and has a history of pushing anti-immigration policies. 

Despite the lawsuit, DHS will continue to accept and process applications.

On Monday, immigration advocates and six mixed-status married couples filed a motion seeking to join the government in defending the program in federal court.

The Keeping Families Together program requires applicants to prove they have lived in the US for at least a decade, are legally married to a US citizen (and were married on or before June 17, 2024), have no disqualifying criminal history, have been deemed to not be a threat to public safety, and to undergo required background checks and public safety vetting. Applicants must also pay a $580 fee.

Those applicants approved by DHS can be authorized to work in the US and have three years to apply for lawful permanent residency without having to leave the country — a typical step in the process that risks yearslong or even permanent separation from their families — instead allowing them to remain with their families in the US.