FOR IMMEDIATE RELEASE
NEW ORLEANS—Friday night, in an unpublished decision, the Fifth Circuit Court of Appeals summarily affirmed a district court ruling that impacted individuals could not intervene in Texas v. DHS, a case challenging the Biden administration’s Keeping Families Together parole process. The process, which has been frozen by the so-called “administrative stay” since earlier last month, would allow certain undocumented spouses of U.S. citizens to get on the path to citizenship if one is available to them.
“The court orders that came down Friday night were a miscarriage of justice. The court orders impact hundreds of thousands of couples seeking the security of knowing that their families will remain together and not be separated. Not only did the Fifth Circuit cancel an oral argument less than a week in advance without explanation, it also lifted its own unlawful block on the Keeping Families Together process without ever explaining what gave it the right to block the process in the first place. Quite simply, our law requires courts to show their homework and to write judicial decisions that analyze certain factors before they are allowed to block programs of nationwide impact. No court has done that in this case to date,” said Karen Tumlin, Founder and Director of Justice Action Center.
“About two hours later, the district court responded by reimposing the ‘stay’ at least until Election Day on November 5th, which is the date the court set for a bench trial. This means that the courts have blocked the Keeping Families Together process for months without providing the necessary legal rationale and refusing to hear from the communities who are directly impacted by these legal moves. This has caused severe consequences for the families who were excited to apply for a chance to stay together but now remain in limbo as the district court continues to block USCIS from issuing grants of parole,” she added.
“Our clients want what every married couple wants: the security of knowing that their vows to stay together will be recognized and validated by the country they call home,” said Harold Solis, Co-Legal Director of Make the Road New York. “We are deeply disappointed that the Fifth Circuit did not see fit to allow eligible families—whose stories are like thousands of others’— to have their day in court. We remain committed to continuing this fight to ensure that the courts have a complete understanding of everything our nation has to gain from processes like Keeping Families Together.”
“When the administration announced Keeping Families Together, I envisioned a future where I could make long-term plans with my family for the first time. There are thousands of families just like mine who have been waiting for this opportunity for years—making countless sacrifices, but moving forward with resilience—whose voices have just been silenced by this court,” said Rico Ocampo, Organizing Director for Make The Road Nevada who filed to intervene in Texas v. DHS. “While DACA has been life-changing for me, Keeping Families Together would provide the permanent stability that my family, and every family, deserves. I will never stop fighting until families like mine are heard, protected and kept together where we belong.”
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Justice Action Center (JAC) is a nonprofit organization dedicated to fighting for greater justice for immigrant communities by combining litigation and storytelling. JAC is committed to bringing additional litigation resources to address unmet needs, empower clients, and change the corrosive narrative around immigrants in the U.S.
Make the Road New York (MRNY) builds the power of immigrant and working class communities to achieve dignity and justice through organizing, policy innovation, transformative education, and survival services. We have 27,000+ members and operate five community centers in Bushwick, Brooklyn; Jackson Heights, Queens; Port Richmond, Staten Island; Brentwood, Long Island; and White Plains, Westchester County.