Immigration Policies
Biden to Give Legal Protections to Undocumented Spouses of U.S. Citizens
Undocumented spouses of American citizens will be shielded from deportation and provided work permits.
In a significant move set to impact hundreds of thousands of families, President Joe Biden is poised to announce new legal protections for undocumented spouses of U.S. citizens. The announcement, scheduled for Tuesday, will coincide with the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) program, a landmark initiative from the Obama administration that shielded young undocumented immigrants from deportation.
The new policy aims to provide deportation protections, work permits, and a pathway to citizenship for approximately 500,000 undocumented individuals who have been residing in the United States unlawfully but are married to American citizens. This executive action represents one of the most extensive immigration initiatives of Biden's presidency and is expected to be a pivotal moment in his administration's immigration policy.
Key Provisions of the Policy
Under the new policy, undocumented spouses who have lived in the U.S. for at least ten years and are legally married to U.S. citizens as of June 17, 2024, will be eligible for deportation protection and work permits. These individuals will also have the opportunity to apply for permanent residency, allowing them to remain in the country while their applications are processed. This marks a significant departure from the current requirement, which mandates that undocumented immigrants must leave the U.S. and re-enter legally to obtain a green card, often resulting in prolonged family separations.
The policy will also extend protections to undocumented children under the age of 21 whose undocumented parent is married to a U.S. citizen. These children must be unmarried and the marriage must have occurred before the child turned 18.
Impact on 'Dreamers'
In addition to protections for undocumented spouses, the Biden administration is set to streamline the process for some 'Dreamers'—undocumented immigrants brought to the U.S. as children—to obtain work visas. Dreamers who have earned a degree from a U.S. college or university and have received a high-skilled job offer will be eligible for these visas, providing them with more stable and long-term employment opportunities.
Political and Social Reactions
The announcement has garnered mixed reactions from various political and social groups. Democratic lawmakers and immigrant advocacy groups have praised the move, viewing it as a long-overdue step towards justice for immigrant families. Nanette Barragán, Chairwoman of the Congressional Hispanic Caucus, expressed that the policy would bring "tears of joy paired with some sighs of relief" for affected migrants and their families. Similarly, Democratic Senator Alex Padilla described the move as "justice" and "long overdue."
On the other hand, the policy has faced sharp criticism from Republican lawmakers and conservative commentators. Former President Donald Trump labeled the move as "mass amnesty" and vowed to reverse it if re-elected. Republican Senator Tom Cotton criticized the timing of the announcement, calling it a "politically motivated sham" and arguing that it would act as a "huge magnet" attracting more illegal immigration.
Legal and Administrative Considerations
The policy will utilize the 'parole in place' authority, which has been previously employed for other groups, such as families of military personnel. This authority allows undocumented immigrants to receive temporary protection from deportation and eligibility for work permits, thereby removing legal barriers that prevent them from obtaining permanent residency.
Applicants will be required to undergo criminal background checks and meet other standard immigration requirements. The Department of Homeland Security will consider applications on a case-by-case basis, with more detailed information on the application process expected to be published in the Federal Register in the coming weeks.
Broader Implications
This executive action is seen as a strategic move by the Biden administration to address long-standing immigration issues while appealing to Latino voters in key battleground states. It also comes in the wake of Biden's recent crackdown on asylum proceedings at the southern border, highlighting the administration's complex and multifaceted approach to immigration policy.
Angela Kelley, a senior adviser at the American Immigration Lawyers Association, hailed the move as a "game changer" for immigrant families, emphasizing that it would alleviate the fear of family separation. However, the policy is expected to face legal challenges, with opponents likely to argue against its constitutionality and potential impact on border security.
As the Biden administration prepares to roll out this new policy, it remains to be seen how it will navigate the legal and political hurdles ahead. Nonetheless, for many undocumented spouses and their families, this announcement represents a beacon of hope and a step towards a more inclusive and compassionate immigration system.