Republican states (19 Red states) have filed a lawsuit arguing that a Biden administration program designed to protect immigrant spouses of U.S. citizens is illegal and should be stopped. The program, called “PIP” (parole in place) or "Keeping Families Together," was launched on August 19. It aims to provide removal protections and work permits to about 500,000 immigrants married to U.S. citizens, as well as 50,000 immigrant stepchildren.

The lawsuit, filed on Friday in the U.S. District Court for the Eastern District of Texas, claims that the program violates the Administrative Procedure Act because it was introduced without proper notice and comment. It also argues that the Department of Homeland Security (DHS) overstepped its authority and that the program goes against the Constitution. The Republican states want the court to block the program and rule that it exceeds DHS's authority. They argue that while DHS is allowed to grant parole on a case-by-case basis, this program gives parole status to large groups of immigrants at once, which they say is not permitted.

It could take several months for the judge to decide if the program is unconstitutional and whether it should be halted. No matter what the initial ruling is, the decision will likely be appealed, potentially all the way to the Supreme Court. This means it could be years before we have a final answer.

In the meantime, if you qualify for PIP program, it's in your best interest to apply as soon as possible. By securing benefits like employment authorization and starting your green card application now, you'll be in a stronger position to keep these benefits, regardless of how the courts ultimately rule.