The Department of Homeland Security (DHS) has questioned the authority of the Texas federal district court that paused the "Keeping Families Together" program on August 26, claiming that the freeze ruled by Judge J. Campbell Barker should be vacated.
The DHS contends that the administrative stay issued was inappropriate because the court did not first establish that the plaintiffs had met the traditional requirements for injunctive relief.
The temporary freeze, which halted the Biden administration's "Keeping Families Together" program, was enacted after Republican-led states sued to block the program. The initiative allows unauthorized immigrant family members of U.S. citizens, such as spouses and stepchildren, who meet specific eligibility criteria to seek removal protections and work permits. These individuals would be able to pursue permanent legal status in the U.S. without having to leave the country.
The GOP states argued that the program violated the Administrative Procedure Act and exceeded DHS's authority. DHS, however, maintains that even if the states have standing to sue and have met the requirements for injunctive relief, any pause in the program should be limited to the plaintiff states only, and not countrywide.
DHS's motion also challenged the states' assertions of irreparable harm, noting that the states are already providing services to these noncitizens regardless of their legal status. The agency argued that there is no reason to believe that these individuals, many of whom have lived in the U.S. for over a decade, would suddenly choose to leave the country now.
Additionally, DHS contended that the "Keeping Families Together" program is exempt from the notice-and-comment requirements of the Administrative Procedure Act because it is a policy statement on long-standing parole authority rather than a final agency action.
Texas District Court denies immigrants motion to intervene on behalf of "Keeping Families Together"
Meanwhile, on Tuesday a Federal judge Eastern District of Texas denied 11 undocumented immigrants a motion to intervene on behalf of the "Keeping Families Together" parole process. The motion would have allowed the immigrants and their legal counsels to become directly involved as defendants in the lawsuit.
As a report by NBC News explained back on August 27: "whereas the federal government will defend the program on behalf of its own agencies, the immigrants and their counsel will defend it on the basis of their own personal interests."
Upon the latest ruling, representatives from Justice Action Center and Make the Road New York, organizations that were representing the 11 plaintiffs, expressed their disappointment.
"The families at the heart of this case deserve to have their voices heard in our judicial system," said Harold Solis, Co-Legal Director for Make The Road New York. "Our clients are husbands, mothers, coworkers, and neighbors who only want to stay in this country with their loved ones."
Karen Tumlin, Founder and Director of Justice Action Center, echoed the 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."
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