ALBANY, N.Y. (NEXSTAR) — On October 25, New York Attorney General Letitia James, along with 19 other attorneys general, filed a brief backing the federal Keeping Families Together program. This initiative allows certain undocumented spouses and stepchildren of American citizens to apply for permanent residency without leaving the United States.
The Department of Homeland Security (DHS) launched this program on August 19. It enables eligible noncitizens to apply for “parole in place,” allowing them to remain in the U.S. temporarily while they work on updating their immigration status. This provision helps families stay together as they seek legal permanent residency.
To qualify, applicants must have married a U.S. citizen before June 17, must not have a serious criminal record, and must have lived in the U.S. continuously since June 2014. Unmarried stepchildren under the age of 21 are also eligible.
However, on August 23, 16 states filed a lawsuit against DHS and federal officials. They argue that the Keeping Families Together program exceeds Congressional authority and promotes illegal immigration. This lawsuit, filed in the Eastern District of Texas, contends that parole in place should only be granted under “urgent humanitarian reasons” or “significant public benefit.”
The lawsuit claims that federal law prohibits benefits for undocumented immigrants and that there was insufficient public input before the DHS implemented the program. The states expressed concern that the program could lead to increased law enforcement costs as crime and social issues rise.
The states involved in the lawsuit include Alabama, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, and Wyoming. They sought a temporary stay on the Keeping Families Together program and a permanent injunction moving forward. The plaintiffs argue that the policy gives undocumented individuals an unfair advantage over legal immigrants while burdening state resources.
According to the plaintiffs, the program undermines state authority over immigration and imposes significant costs related to healthcare and education for undocumented residents. For example, Texas faces annual costs in emergency Medicaid and the Children’s Health Insurance Program totaling hundreds of millions of dollars. Florida’s expenses for these services exceed $4.7 billion each year.
Louisiana reported spending over $362 million annually on education and healthcare for about 70,000 undocumented residents. Missouri estimates a cost of over $273 million for approximately 50,000 undocumented individuals. Tennessee reports a similar burden, costing taxpayers over $593 million for around 128,000 undocumented residents. Other states also highlighted their expenses, with Ohio reporting over $485 million for roughly 89,000 undocumented individuals and South Carolina spending $471 million on 88,000 residents. North Dakota and South Dakota reported expenses of $27 million and $28 million, respectively, while Wyoming faced costs exceeding $26 million for about 7,000 undocumented individuals.
The Migration Policy Institute estimated that there are about 204,000 undocumented immigrants in Texas, 93,000 in Florida, and significant numbers in other states who are married to U.S. citizens and could qualify for the program.
On August 26, U.S. District Judge J. Campbell Barker granted a temporary stay for two weeks, which has since been extended. During this period, U.S. Citizenship and Immigration Services (USCIS) paused processing applications for parole in place but continued to accept new applications. Applications approved before the stay remain valid.
The brief filed by the attorneys general argued that the Keeping Families Together program is beneficial to the public. It supports families by prioritizing the well-being of children and allows noncitizens to work, thereby contributing to the economy and addressing labor shortages. They emphasized that there is a long history of the federal government using parole programs to reduce family separation.
“Tearing families apart because of their immigration status is incredibly cruel,” Attorney General James said when announcing the brief. “The Keeping Families Together program offers mixed-status families a path to citizenship without the fear of separation. It is a common-sense policy.”
The attorneys general urged the court to dismiss the “Texas v. DHS” lawsuit, arguing that the program does not create new benefits or promote immigration. They maintained that the lawsuit primarily concerns local issues that do not warrant a nationwide injunction. The Eastern District of Texas is scheduled to hear the case on November 5.
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