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Maryland Attorney General Anthony Brown (D) joined 19 other attorneys general Tuesday in support of a Biden administration plan that would let undocumented spouses and stepchildren of U.S. citizens apply for permanent residency without first having to leave the country.
The amicus brief, filed in U.S. District Court for the Eastern District of Texas, supports the Department of Homeland Security’s “Keeping Families Together” program. The program would allow U.S. citizens’ family members to “parole in place” — remain in the U.S. while they apply for a green card. Without the policy, family members would have to leave the U.S. and apply to get back in.
The program was announced Aug. 19 and quickly challenged by a coalition of Republican-led states. A federal judge in the case ruled Oct. 4 that U.S. Citizenship and Immigration Services can continue to accept applications, but cannot approve any cases before Nov. 8.
“Our country’s immigration policy should not split families apart but aspire to keep them together,” Brown said in a statement. “Immigrants are an essential part of our State, and those with family members who are citizens should be allowed to remain in the country as they pursue their own path to permanent residency.”
The coalition supporting the program note it includes specific requirements for applicants: undocumented spouses have to have be in the country for at least 10 consecutive years; a parent had to have entered into a legal marriage by June 17 of this year, and before a child’s 18th birthday; applicants can have no disqualifying criminal history and must “submit biometrics and pass national security and public safety vetting.”
The brief claims more than 325,000 undocumented spouses work in “labor-short” industries such as construction, food and accommodation services and at-home health care.
“Historically, immigrants often fill important jobs that may otherwise be difficult to fill …” according to the brief.
Brown and the other attorneys general request the court to reject a request from 16 states, led by Texas, that filed a complaint to block the program from being implemented in those states.
The Texas complaint says at least 433,000 people are married to U.S. citizens in 13 of the 16 states — it did not include estimated numbers of undocumented spouses in North Dakota, South Dakota or Wyoming — and would be eligible for the program.
Officials from the Republican-led states claim not only would those undocumented take jobs from residents in their states, but would also “incur considerable financial injuries on education, healthcare, and law-enforcement costs.”
A hearing, and if necessary, a bench trial would begin Nov. 5 in Tyler, Texas.
Brown and the other attorneys general wrote in their brief filed Tuesday if the court agrees to any injunctive relief, it “should, at a minimum, be tailored to the specific plaintiffs in this case.”
Besides Maryland, other attorneys general that joined the brief are from Washington, D.C., and the states of Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.
