By Mary Campbell | Editorial credit: Stephanie Kenner / shutterstock.com 

The U.S. government has announced that it will refund application fees to tens of thousands of unauthorized immigrants married to American citizens following the recent federal court decision that struck down a Biden administration immigration policy. According to internal government documents obtained by CBS News, U.S. Citizenship and Immigration Services (USCIS) will return the $580 application fee paid by roughly 94,000 individuals who applied for the policy, amounting to about $55 million in total refunds.

The program in question, called Keeping Families Together, was introduced by the Biden administration to offer relief to immigrants married to U.S. citizens who were facing deportation. The initiative aimed to provide a pathway for these individuals to remain in the United States legally while maintaining family unity. Under the program, applicants could request a stay of deportation and work authorization while they navigated the immigration process.

However, the policy faced significant legal challenges. A federal judge in Texas issued a final ruling last week, effectively ending the “parole in place” process. Judge J. Campbell Barker determined that the practice of granting parole to noncitizens already in the U.S.—a policy used by various administrations for years—is not authorized under the Immigration and Nationality Act (INA).

The court’s decision followed a lawsuit filed by Texas Attorney General Ken Paxton and 15 other Republican-led states supported by the conservative group America First Legal. The plaintiffs filed the legal challenge just days after the Department of Homeland Security (DHS) began accepting applications under the parole process.

USCIS plans to process the refunds automatically, meaning applicants do not need further action to receive their money. The $580 application fee charged to individuals seeking temporary relief under the Keeping Families Together policy will be fully refunded to each eligible applicant.

In a statement, USCIS confirmed it would close pending applications and issue refunds to applicants.

“The court order vacating the [Keeping Families Together] process has resulted in requestors paying a fee for an immigration benefit request that, through no fault of their own, cannot be considered,” the agency said in a statement, noting it determined the refunds were “in the public interest and consistent with applicable law.”

This decision comes as part of the broader debate surrounding U.S. immigration policy and the treatment of undocumented immigrants, particularly those in long-term relationships with U.S. citizens. Advocates for immigrants have expressed disappointment with the court’s ruling, which they argue undermines efforts to keep families intact and address the needs of individuals in difficult immigration situations.

As the government moves forward with the refund process, questions remain about the future of the Keeping Families Together initiative and whether similar programs will be introduced to support family unity in the face of legal and political challenges.

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