A federal judge in Texas has temporarily stopped the Probation on the spot (PIP) Immigration program that provides a path to citizenship for undocumented spouses of U.S. citizens who meet certain criteria. The decision was made by the Texas district judge J. Campbell Barkerwho granted an administrative stay after 16 states led by Republican attorneys general filed suit on August 23, arguing that the policy encouraged illegal immigration.
Judge Barker found that the claims raised were serious and required a more detailed analysis that the court had not yet been able to undertake. The break came just one week after the Department of Homeland Security (DHS) began accepting applications on August 19. The order calls for a suspension of the program for at least 15 days while the court proceedings continue.
Lawyers for eligible families confirmed that several of them had already been informed of the receipt of their applications before the suspension. Karen TumlinFounder and Director of Action Center for Justicecriticized the decision, saying that “Texas should not have the power to decide the fate of hundreds of thousands of American citizens and their immigrant spouses without facing reality.”
President Joe Biden announced the “Parole in Place” program in June. The PIP offers spouses of undocumented US citizens who meet certain requirements the opportunity to obtain American citizenship by applying for a Green Card. They are allowed to stay in the USA during the process.
Eligibility and application process
Until now, obtaining residency for people who were in the country illegally after marrying a U.S. citizen was a complex and risky process that often required returning to their country of origin with no certainty of re-entry into the United States. To be eligible, applicants must have resided in the United States continuously for at least 10 years, pose no security threat, have no disqualifying criminal record and be married to a U.S. citizen as of June 17 of this year.
Applicants must pay a $580 fee and complete a form (I-131F) that includes an explanation of why they deserve parole and extensive documentation verifying their permanent presence in the country. If the application is approved by DHS, applicants have three years to obtain permanent residency and can obtain work authorization during that time. White House estimates that approximately 500,000 people and about 50,000 of their children could be eligible for this program.
Even before this first temporary suspension, the program faced uncertainties and risks, including whether it would survive future presidential elections.
Frequently asked questions about probation
With the recent suspension of the Parole in Place program, many questions arise about its future and impact. Here are some frequently asked questions and their answers:
Why was the Parole in Place program suspended?
The program was suspended after 16 states, led by Republican attorneys general, filed suit arguing that the policy encouraged illegal immigration.
How long will the suspension of the Parole-in-Place program last?
The ban is currently set for at least 15 days while the court proceedings are ongoing.
Who is eligible for the Parole in Place program?
Eligible to apply are spouses of undocumented U.S. citizens who have resided in the United States continuously for at least 10 years, do not pose a security threat, have no disqualifying criminal record, and were married to a U.S. citizen on June 17 of this year.
What are the requirements to apply for the Parole in Place program?
Applicants must pay a fee of $580, complete a form (I-131F), and provide extensive documentation verifying their permanent residence in the United States.
