The Texas federal district court’s decision to pause the “Keeping Families Together” program on August 26 has been called into question by the Department of Homeland Security (DHS). The DHS asserts that Judge J. Campbell Barker’s ruling to freeze the program should be overturned.
The DHS argues that the court’s issuance of the administrative stay was not justified as it failed to determine if the plaintiffs had fulfilled the usual criteria for obtaining injunctive relief.
The Biden administration’s “Keeping Families Together” program faced a temporary freeze due to lawsuits filed by Republican-led states. This initiative enables unauthorized immigrant family members, like spouses and stepchildren, who meet specific eligibility requirements, to apply for removal protections and work permits. It offers them the opportunity to pursue permanent legal status in the U.S. without having to depart the country.
The Republican states contended that the program breached the Administrative Procedure Act and went beyond the jurisdiction of DHS. Nevertheless, DHS asserts that even if the states have the right to file a lawsuit and have fulfilled the conditions for obtaining injunctive relief, any suspension of the program should be restricted to the states that are plaintiffs, rather than being applicable nationwide.
The Department of Homeland Security (DHS) contested the states’ claims of irreparable harm, highlighting that the states are already extending services to these noncitizens irrespective of their legal status. DHS asserted that there is no valid basis to assume that these individuals, many of whom have been residing in the U.S. for more than ten years, would abruptly opt to depart the country at this time.
DHS argued that the “Keeping Families Together” program is not subject to the notice-and-comment requirements of the Administrative Procedure Act. They claimed that it is a policy statement regarding their longstanding parole authority, rather than a final agency action.
Texas District Court denies immigrants motion to intervene on behalf of “Keeping Families Together”
On Tuesday, a Federal judge in the Eastern District of Texas rejected a motion by 11 undocumented immigrants who sought to intervene in the “Keeping Families Together” parole process. The motion aimed to grant the immigrants and their legal counsels the ability to actively participate as defendants in the lawsuit.
According to a report from NBC News on August 27, the federal government will defend the program for its own agencies, while the immigrants and their counsel will defend it based on their personal interests.
The recent ruling has left representatives from Justice Action Center and Make the Road New York, who were advocating for the 11 plaintiffs, feeling disappointed.
“The families involved in this case deserve to have their voices heard in our judicial system,” stated Harold Solis, Co-Legal Director for Make The Road New York. “Our clients are not just individuals, but they are husbands, mothers, coworkers, and neighbors who simply want to remain in this country with their loved ones.”
Karen Tumlin, the Founder and Director of Justice Action Center, expressed the same sentiment:
“Hundreds of thousands of families, including our clients, will be directly impacted by the outcome of this lawsuit. They have lived in fear of separation for years, and deserve more than anyone to have their voices heard in the courtroom and beyond “Make no mistake: We will not be silenced. While this decision is disappointing, it will not deter us or our clients. We will appeal to ensure that the perspectives of those families who stand to benefit from the Keeping Families Together process have a voice in the courts that decide the legality of the program.”
