Source: Loop Caribbean
The New York Immigration Coalition (NYIC), an umbrella policy and advocacy organisation that represents over 200 immigrant and refugee rights groups throughout New York, on Friday, condemned a United States District Court judge’s ruling against the Keeping Families Together (KFT) programme that aims to expand access to the parole in place program for long-term undocumented Caribbean and other immigrants married to US citizens, as well as the stepchildren of US citizens.
Judge J Campbell Barker of the US District Court for the Eastern District of Texas, an appointee of President-elect Donald Trump, made the ruling on Thursday after 16 Republican-leaning states, spearheaded by Texas Attorney General Ken Paxton, mounted a legal challenge to the programme.
In a detailed, 74-page decision, Barker wrote that the Biden-Harris administration went beyond its legal authority, stating that the programme exceeded the powers granted by the US Congress.
He ruled that the administration’s interpretation of immigration law “stretches legal interpretation past its breaking point.”
Murad Awawdeh, NYIC’s president and chief executive officer, told the Caribbean Media Corporation (CMC) that this programme could have temporarily protected up to 500,000 immigrants from deportation – including 20,000 immigrant New Yorkers – and allowed them to apply for work authorisation and potentially apply for permanent residency without having to leave the country.
“Judge Barker issued a huge blow to hundreds of thousands of American families, including 20,000 New Yorkers, by striking down the Keeping Families Together program,” he said. “The Biden-Harris program would provide a pathway for noncitizen spouses and non-citizen stepchildren of US citizens to continue to live with their families, contribute to our communities, and grow our economy without fear of separation from their loved ones.
“This ruling has jeopardised that hope, making families once again vulnerable to the harsh realities of an immigration system that prioritises punishment over justice and family unity,” Awawdeh added. “We urge the Biden-Harris administration to immediately appeal Judge Barker’s ruling, preventing Texas Attorney General Ken Paxton’s and 15 other Republican Attorneys General’s cruel lawsuit from tearing apart 500,000 individuals in mixed-status families.
“It’s far past time for our leaders to stop playing politics with people’s lives and for the courts to rectify this injustice,” he continued.
On June 18, 2024, the Biden administration and the Department of Homeland Security announced new actions that would support the ability of undocumented Caribbean and other immigrants to work and remain in the country with their families without fear of deportation while they pursue a pathway to legal status.
The Biden administration’s Keep Families Together parole process began accepting applications on August 19, 2024, to allow undocumented immigrants who are married to US citizens, as well as the step-children of citizens, the opportunity to adjust their status in the US without being separated from their families, their communities and their work.
Building off existing authorities, Awawdeh said a process for “Parole in Place” will apply to undocumented spouses of United States citizens who have resided in the US for at least 10 years and meet other eligibility requirements.
Previously, in August, Judge Barker had temporarily blocked the programme, but his ruling on Thursday permanently prohibits it.
However, the American Immigration Lawyers Association (AILA) President Kelli Stump said that “this ruling is simply wrong on the law.
“The administration was using its congressionally enacted authority as a sensible solution for hundreds of thousands of American families facing uncertainty and fear due to our broken immigration system,” he said. “To be clear, these applicants were already eligible for adjustment of status, the only thing the parole did was ensure they wouldn’t be separated while the bureaucratic process was underway.
“It is shameful that people who are the spouses of US citizens who have lived in the United States for over a decade or are the stepchildren of a US citizen are being left in the cold again,” Stump added.
AILA Executive Director Ben Johnson also said, “Unfortunately, this judge proved why his court was cherry-picked for this case: he ignored the lack of standing to bring this suit in the first place and overlooked decades of bipartisan use of parole authority to promote family unity.
“It is nonsensical that these states would oppose an effort to strengthen a core American value of protecting families and ensuring a more secure and fairer immigration system,” Johnson added. “The judge fell for weak, baseless arguments and, sadly, the people who will pay the price are American families and children, who are prevented from accessing this life-changing protection.”
On Thursday evening, NYIC led a rally in Foley Square in lower Manhattan with member organisations, allies and Caribbean and other immigrant New Yorkers in standing up for immigrants and fighting back against the imminent threats.
The US President-Elect also said that deporting immigrants will be his top priority on day one when he assumes the presidency on Inauguration Day, on January 20, 2025.
“Trump’s victory won’t stop our movement from standing up to his racist and fascist agenda,” affirmed Awawdeh at Thursday night’s rally. “New York would not be the same without the 4.5 million immigrants who have helped shape our culture and fuelled our economy for generations.