Attorney General James Leads Coalition to Protect Undocumented Family Members of U.S. Citizens

October 28, 2024

NEW YORK - New York Attorney General Letitia James today led a coalition of 20 attorneys general in filing an amicus brief in Texas v. DHS in support of the federal program "Keeping Families Together" which allows certain undocumented spouses and stepchildren of U.S. citizens to apply for permanent residence. The brief, filed in the United States District Court for the Eastern District of Texas, argues that the federal government has the authority to implement this program to protect family unity. Attorney General James and the coalition also argue that protecting family unity has been a hallmark of U.S. immigration policy for decades and should be upheld.

"Tearing families apart because of their immigration status is incredibly cruel," said Attorney General James. "The Keeping Families Together program offers mixed-status families a path to citizenship without having to worry about being separated. It is a common-sense policy and that is why I am leading a coalition of attorneys general to support this program and help mixed-status families in New York and around the country."

In August 2024, the U.S. Department of Homeland Security (DHS) announced a process under which certain undocumented spouses and stepchildren of U.S. citizens living in the United States can apply for a discretionary grant of immigration parole. The process, Keeping Families Together, allows certain undocumented family members to apply for permanent residence without first needing to depart the United States.

The coalition argues in their brief that the federal government has the authority to determine and implement immigration parole programs. The brief points to several previous parole-in-place immigration programs that were implemented going back decades as an example of the federal government's authority over immigration parole programs. Moreover, Attorney General James and the coalition write that keeping families together is a core principle of U.S. immigration policy and has strong benefits for families as well as neighborhoods, communities, and local economies.

Joining Attorney General James in filing today's brief are the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.