Biden Administration’s “Keeping Families Together” Program: A Path to Mass Amnesty?

On June 18, 2024, the U.S. Department of Homeland Security (DHS) announced a new immigration process aimed at mixed-status families, where one spouse is a U.S. citizen and the other lacks legal status and is residing in the country unlawfully. In August, USCIS provided further details about the program on its official website. However, just days later, this program, known as “Keeping Families Together,” was blocked by a district court. In this article, we’ll delve into this recent development.

The “Keeping Families Together” Program

This program was intended to provide a new immigration pathway for mixed-status families, where one spouse could gain legal status if they met the program’s requirements. The program offered a path to citizenship for approximately 500,000 immigrants who had entered the U.S. unlawfully but later married U.S. citizens.

To qualify for this program, applicants needed to meet the following criteria:

• Be present in the U.S. without official entry or parole;

• Have lived in the U.S. continuously for at least 10 years as of June 17, 2024;

• Be legally married to a U.S. citizen;

• Have no serious criminal history and pose no threat to public safety.

  
  

The program also included provisions for children of eligible applicants who were in the country without legal status. They could apply for status along with their parent, provided they were physically in the U.S. without lawful entry and had documented relationships with U.S. citizens, such as through adoption.

What Happened

After the details of the program were published, the state of Texas, along with a coalition of other states led by Republican attorneys general, filed a lawsuit in district court. District Judge J. Campbell Barker ruled that, in his view, Biden had overstepped the powers of the executive branch by implementing this program.

Future of the Program

As is known, Kamala Harris, representing the Democratic Party, lost the presidential race to Republican Donald Trump, a strong advocate of strict immigration policies. Trump is expected to ramp up efforts against illegal immigration and will likely revoke Biden’s initiative concerning immigrant spouses, which Trump’s campaign has labeled a “mass amnesty.”

Given the continually shifting landscape of U.S. immigration law, it is crucial to secure legal status and remain a law-abiding immigrant. We recommend closely monitoring the new presidential administration, as it will likely bring significant changes to immigration policy. Many Americans view immigration as a critical issue for Trump to address after his inauguration in January.

If necessary, we urge you to seek assistance from an experienced immigration attorney as soon as possible. Now more than ever, timely action is essential. Our attorneys at Bloomrich Law Firm are here to help you understand your options through a strategic consultation session, which can be booked at the link below.

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