Biden admin to refund $55M to illegal aliens after mass amnesty program falls apart

The Biden administration is preparing to issue roughly $55 million in refunds to illegal aliens who applied for its Keeping Families Together program.

In August, Biden's Department of Homeland Security implemented the program, which would have granted temporary legal status to "certain noncitizen spouses and noncitizen stepchildren of U.S. citizens." The program promised to streamline the path to permanent residency.

'In the public interest and consistent with applicable law.'

To be eligible, spousal applicants had to be married to an American citizen and have resided in the country for the past 10 years. Stepchildren needed to be under 21 years old, unmarried, and have an illegal alien parent who is married to a citizen.

While those who had committed serious violent offenses were not eligible, the program carved out exceptions for other crimes. Illegal aliens facing removal proceedings could also apply.

Under U.S. law, those who enter the country illegally must first leave and re-enter legally to qualify for permanent residency. The Biden administration's program allowed beneficiaries to parole in place, or remain in the country while awaiting a status adjustment.

The Biden administration's Customs and Immigration Services estimated that 500,000 illegal alien spouses and 50,000 illegal alien stepchildren would be eligible to apply for the process.

Republicans pushed back on the administration's plan, calling it a mass amnesty program that attempted to circumvent federal immigration law.

A coalition of 16 Republican-led states filed a lawsuit against Biden's program. The lawsuit contended that the administration likely severely underestimated the number of eligible applicants.

U.S. District Judge J. Campbell Barker struck down the administration's program in November.

Barker argued that the Keeping Families Together process "is not in accordance with law" and claimed the administration lacked statutory authority to grant parole in place to illegal aliens.

Internal government documents obtained this week by CBS News revealed that the administration plans to issue refunds to the illegal alien applicants who paid the $580 application fee. The news outlet reported that roughly 94,000 people applied, totaling about $55 million in paid fees.

USCIS confirmed to CBS News that it is closing all pending applications and plans to issue 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," the agency said.

It noted that the refunds were "in the public interest and consistent with applicable law."

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