Tens of thousands of unauthorized immigrants married to American citizens who applied for a Biden administration program that was struck down in federal court will receive refunds from the U.S. government, as revealed by internal government documents obtained by CBS News.
U.S. Citizenship and Immigration Services (USCIS) has announced its intention to refund the application fee of $580 to approximately 94,000 individuals who had paid in anticipation of the Biden administration’s policy called Keeping Families Together. According to the disclosed documents, the total amount of refunds will be around $55 million.
In June, President Biden made an announcement regarding an initiative that aimed to provide an opportunity for approximately half a million unauthorized immigrants to obtain temporary legal status and a simplified pathway to permanent residency. This initiative specifically targeted individuals who were married to U.S. citizens and had resided in the country for a minimum of 10 years without engaging in any major criminal activities. However, the implementation of this policy was swiftly halted by a federal judge in late August, as Republican-led states argued that it violated U.S. immigration laws.
The initiative would have faced challenges even if it had survived the legal battle initiated by Republican state officials. The incoming Trump administration, which has vowed to reverse Biden administration immigration policies and carry out large-scale deportations, would have targeted it.
The Keeping Families Together policy aimed to assist unauthorized immigrants who have been living in the country for an extended period. Progressive activists have pointed out that this group has been overlooked as the Biden administration prioritizes addressing the surge of migrants crossing the U.S.-Mexico border unlawfully.
Marrying a U.S. citizen typically results in obtaining a green card. However, under American immigration law, individuals who entered the country illegally must leave and reenter legally to be eligible for permanent residency. If undocumented immigrants have been residing unlawfully in the country for a specific duration, they may face a 10-year ban from the U.S. upon departure.
Eligible applicants would have had the opportunity to apply for a green card without the need to leave the country. This would have been made possible through the granting of an immigration classification called parole. Parole effectively nullifies any illegal entry and provides temporary work permits.
The program would have also provided benefits to around 50,000 stepchildren of U.S. citizens who are undocumented, in addition to the spouses of American citizens.
When contacted for a comment, USCIS confirmed that it will be closing pending applications and providing refunds to the applicants.
According to a statement from the agency, the court order to vacate the [Keeping Families Together] process has led to requestors being charged a fee for an immigration benefit request that, due to circumstances beyond their control, cannot be taken into consideration. The agency has determined that issuing refunds is both in the public interest and in line with applicable law.
Camilo Montoya-Galvez works as the immigration reporter for CBS News, where he focuses on covering immigration policy and politics from his base in Washington.