Trump’s Second Term Looms: Legal Protections for Undocumented Couples Under Threat
In early November, a federal judge, J. Campbell Barker, who was appointed by Trump, canceled the Biden administration‘s “parole in place” policy. This policy provided legal status to certain undocumented individuals married to U.S. citizens. The program was introduced in June under the name “Keeping Families Together.” Barker’s decision has led to the cancellation of pending cases and scheduled appointments.
The “parole in place” policy allowed non-citizen individuals who had lived in the U.S. for ten years and were married to U.S. citizens to receive temporary legal status. It also aimed to protect undocumented stepchildren. While this specific program has been revoked, several similar programs still exist that provide temporary protection for certain non-citizens.
According to the U.S. Citizenship and Immigration Services (USCIS), “parole in place” is a temporary stay of deportation. This method has been used to help specific undocumented individuals who are already contributing to their communities in the U.S., as explained by the advocacy group FWD.us.
Individuals wanting to benefit from “parole in place” must complete Form I-131, which is the Application for Travel Document. Requirements can vary because different types of temporary permissions exist, such as those for military families and humanitarian purposes.
Here are some programs utilizing “parole in place,” including links for further information:
- Discretionary Options for Military, New Recruits, and Their Families (requirements here)
- Information for Afghan Nationals Regarding Humanitarian or Significant Public Benefit Requests to USCIS (requirements)
- Temporary Parole Program for Filipino Veterans of World War II (requirements)
- Cuban Family Reunification Parole Program (requirements)
- Haitian Family Reunification Parole Program (requirements)
For more information about temporary stay permits, you can consult this U.S. government website with resources in Spanish.
The “Keeping Families Together” program could have helped up to 800,000 individuals but now faces uncertainty as Trump’s second term approaches. In October, the Department of Homeland Security (DHS) announced it would not extend legal permits for some migrants from Nicaragua, Cuba, Venezuela, and Haiti that were granted under a temporary humanitarian program meant to reduce illegal crossings.
This temporary permit, which began in October 2022, was originally for Venezuelan migrants but expanded to include individuals from Nicaragua, Cuba, and Haiti. The program required migrants to have a sponsor in the U.S., pass screening tests, and complete their vaccination schedule. Permits granted under this program were valid for two years, and this extension will no longer occur due to the Biden administration’s decision.
As these permits expire, individuals who have not secured other legal status may face deportation or a state of legal limbo. However, many Venezuelans and Haitians may apply for Temporary Protected Status (TPS), providing humanitarian assistance.
Cubans have a separate process for family reunification parole, which allows a Cuban with a U.S. resident or citizen sponsor to apply for temporary status using Form I-130. Once granted, this parole can lead to applying for work permits and eventually residency.