The U.S. government will refund application fees to approximately 94,000 undocumented immigrants who applied for a Biden administration immigration program that was struck down in federal court right after he lost the presidential election, according to documents obtained by CBS News.
The initiative, which could have benefited up to 500,000 noncitizen spouses, was known as Keeping Families Together. Itwas announced by President Biden in June and aimed to grant temporary legal status and a streamlined path to permanent residency for unauthorized immigrants married to U.S. citizens who had lived in the country for at least 10 years without committing serious crimes. Applicants paid $580 each in fees, amounting to about $55 million in total.
A series of Republican-led states have sued the Biden administration over its plan to offer legal status to undocumented spouses of U.S. citizens, saying the measure has been implemented for "blatant political purposes" and argued it violated U.S. immigration law. A federal judge agreed with the Republican-led states, halting the program shortly after Biden lost the election. The ruling forced U.S. Citizenship and Immigration Services (USCIS) to close pending applications and process refunds.
"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," USCIS said in a statement, adding that the refunds were "in the public interest and consistent with applicable law."
The program was designed to provide parole status to eligible immigrants, allowing them to apply for green cards without leaving the U.S. and facing a 10-year reentry ban. It also offered temporary work permits. In addition to helping spouses of U.S. citizens, the policy would have benefited an estimated 50,000 undocumented stepchildren of American citizens.
While advocates praised the initiative as a lifeline for families, critics argued it bypassed existing immigration laws. Even if the program had survived the legal challenge, it would likely have faced opposition under the incoming Trump administration, which has vowed to reverse Biden-era immigration policies and ramp up deportations.
Progressive activists had pushed for the policy, arguing that it addressed the needs of a specific group of undocumented immigrants who have long been overlooked amid the administration's focus on handling record numbers of migrants at the U.S.-Mexico border.
USCIS has not provided a timeline for when the refunds will be issued but confirmed it will reach out to affected applicants.
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