This week a federal court judge in Texas ruled against the Parole in Place program, better known as Keeping Families Together, which allowed spouses of United States citizens to remain in the country as they underwent the process to become lawful residents.

On Thursday, Nov. 7, United States District Judge J. Campbell Baker of the Eastern District of Texas issued the ruling that the Biden administration lacked statutory authority to implement the program or to grant undocumented immigrants the ability to “parole in place.” Campbell was appointed by Donald Trump in 2019.

The ruling means families where one spouse is lacking legal immigration status risk prolonged separation when seeking lawful permanent residence in the U.S. In most cases, the spouse who entered the country illegally is required to leave the country for their residence application to move forward. Some could face a 10-year ban from returning to the U.S.

“Despite our every effort to protect this process and ensure that families’ voices are centered in this litigation, the district court remained steadfast in its quest to end Keeping Families Together before it even got off the ground,” said Laura Flores-Perilla, attorney with Justice Action Center, a nonprofit organization that represented many families that could benefit from the program, in a news release.

“Our fight does not end here. We remain committed to working towards a world where families can be together and safe,” she said.

Texas was one of the states to immediately challenge the Biden administration program, which was announced in June. The lawsuit against the Department of Homeland Security halted the implementation of the program, leaving many families who were ready to apply for the relief in limbo. 

Thousands of Houston residents were expected to benefit from the program. 

Immigrant rights organizations had lauded the Biden administration’s program for its ability to impact a large number of families. After this ruling, some expressed hope that the program could be salvaged. 

“Our hope is that the department of Homeland security will appeal this case and we will take this up to the courts to make sure that in the end of the day justice is served,” Cesar Espinosa, FIEL executive director, said in a news release. “For the meantime, we hope that our families continue to prepare themselves and to inform themselves for whatever may come.”

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