FOR IMMEDIATE RELEASE
NEW ORLEANS – Yesterday, Justice Action Center (JAC) and Make the Road New York (MRNY), on behalf of 11 directly impacted individuals and Coalition for Humane Immigrant Rights (CHIRLA) members, filed a petition for a writ of mandamus in the Fifth Circuit Court of Appeals seeking to reverse the so-called “administrative stay” on grants of Keeping Families Together (KFT) parole, as ordered by a federal district court in Texas. District courts cannot block federal programs and processes like KFT for more than 28 days without providing the requisite legal analysis. Without taking into account long-settled rules for granting injunctive relief, the district court in Texas has unlawfully frozen the KFT process under an “administrative stay” since August, recently extending the stay to expire on November 8th, conveniently after the bench trial the judge scheduled for Election Day. As of today, the district court has unlawfully blocked KFT for 46 days, and with the newest extension, KFT will have been unlawfully blocked by the courts for a total of 74 days. Meanwhile, eligible families have been forced to wait in limbo, hoping to one day receive grants under the Keeping Families Together process and the chance to be free from the constant fear and anxiety of being ripped apart.
Today, JAC and MRNY also filed an emergency motion asking the Fifth Circuit to pause the administrative stay on Keeping Families Together while the Fifth Circuit considers the mandamus petition.
“It has been a month and a half since the district court imposed a stay on Keeping Families Together parole. Each day that passes only prolongs the fear and uncertainty of separation for so many mixed status families,” said Karen Tumlin, Founder and Director of Justice Action Center. “This delay is without a doubt as illegal as it is arbitrary. We refuse to allow the court to operate without accountability, as political interests weaponize our justice system at the expense of families who yearn to remain together and have no other options. The state of Texas and its co-conspirators have failed to demonstrate how the Keeping Families Together process harms their interests and, therefore, has no legal basis for continuing to block this process. This legally baseless stay order should be reversed immediately to restore justice for the thousands of families who have long awaited, and deserve, an opportunity to remain together in the place they call home.”
“The families at the heart of this program want what we all deserve: to stay together with their loved ones in the place they call home. But rather than uphold these core values of unity and justice, the court ignored settled law and halted the process for the last 46 days, actively jeopardizing the safety and stability of mixed status families,” said Harold Solis, Co-Legal Director for Make The Road New York. “The court must put an immediate end to this unconscionable delay, which only harms the people at the heart of this case and the very integrity of our justice system.”
“Like many couples, my wife and I have dreams of growing our family, advancing our careers and traveling the world. The only obstacle in our path is my immigration status,” said Oscar Silva, who filed to intervene in Texas v. DHS alongside his U.S. citizen spouse, Natalie. “Keeping Families Together is the opportunity we’ve been hoping for. I’ve lived in Texas for over 20 years, but my own state is trying to tear my family apart, attacking love and unity against the wishes of their very own residents. After years of constant uncertainty, sacrifice, and exploring every option available to adjust my status, we deserve the chance to move forward with this process and secure our place in the country we call home without further delay.”
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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.