Biden’s plan for legalizing families of US citizens

President Joe Biden, who has recently adopted stricter immigration policies, is set to announce a significant new effort to legalize undocumented immigrants. This new policy could be the biggest move in over a decade aimed at helping undocumented immigrants gain legal status.

Under this new program, undocumented spouses and stepchildren of U.S. citizens can apply for permanent residence and get a green card without leaving the U.S. According to senior administration officials, this could benefit about 500,000 spouses and 50,000 stepchildren.

Although these individuals have always been technically eligible to apply for permanent residence through their U.S. citizen spouse or stepparent, many have avoided it. This is because entering the U.S. without permission and staying for over a year usually means having to leave the country and wait abroad for ten years before applying for permanent residence. While waivers for this ten-year bar exist, the process is slow and faces significant backlogs.

The new policy from the Biden administration would allow noncitizen spouses and stepchildren to bypass this ten-year bar. By granting them parole, they will be protected from deportation and given work authorization.

This initiative is the largest effort to legalize undocumented immigrants since former President Barack Obama introduced the Deferred Action for Childhood Arrivals (DACA) program in 2012. The DACA program protects undocumented immigrants who arrived in the U.S. as children from deportation.

This new policy is particularly surprising because Biden has recently mirrored some of former President Donald Trump’s tough immigration policies. Despite his initial promises to reverse Trump’s legacy, Biden has maintained pandemic-era border restrictions and introduced new versions of Trump’s immigration policies, including limiting access to asylum when border crossings are high. This move appears to be an attempt to address both sides of a crucial 2024 election issue, balancing demands for immigrant family justice with the concerns of Americans who want to see reduced immigration levels.

The success of this strategy in the upcoming election remains uncertain. However, the new permanent residency policy is undoubtedly positive news for undocumented immigrants caught in the complexities of the U.S. legal system.

Who’s Eligible?

To qualify for the new program, spouses must be present in the U.S. without legal admission or immigration parole. They must have lived in the U.S. for at least ten years and be in a legally valid marriage with a U.S. citizen as of June 17, 2024. They also must not pose a threat to public safety and must merit a favourable exercise of discretion.

For stepchildren to be eligible, they must be unmarried and under 21, and their parents must have married a U.S. citizen before the stepchild turned 18.

Approved individuals will be allowed to apply for permanent residency for a three-year period, during which they will also be eligible for work authorization and allowed to stay with their families in the U.S.

More detailed eligibility information will be available once a notice is published in the Federal Register, expected in the coming weeks. Officials anticipate that applications will open by the end of the summer.

Most beneficiaries of this new program will likely be Mexicans, given the profile of immigrants who arrived in the U.S. ten years ago. On average, these individuals have lived in the U.S. for 23 years, according to administration officials.

Is It Legal?

Republicans have criticized the policy, labelling it a “mass amnesty scheme.” They have long opposed legislation to legalize the undocumented population and have challenged programs like DACA in court, resulting in the federal government stopping new DACA applications under Trump. However, this new path to legal status might not face the same legal challenges.

It is based on “parole in place,” a longstanding legal authority the Homeland Security secretary can use on a temporary, discretionary basis for “urgent humanitarian reasons or significant public benefit.”

Historically, parole in place has been used on a smaller scale for undocumented children, parents, and spouses of active duty or retired service members. Following recommendations from immigrant advocates, the Biden administration is now expanding its use of parole authority.

Impact on the Election

The Biden campaign might hope that U.S. citizen spouses of those benefiting from the policy will be more inclined to vote for the president, especially in key states like Arizona and Nevada, which have large Latino populations.

However, Latino voters’ views on immigration are complex. An April poll by Axios-Ipsos and Noticias Telemundo found mixed opinions: 64% of Latinos supported Biden’s new rule restricting asylum when border crossings are high, 42% supported a border wall, but 59% also supported asylum rights for people fleeing violence in Latin America. This suggests a desire for more border controls without harsh crackdowns. Biden’s new policies seem to aim for this balance, addressing criticism from both sides of the political spectrum.

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FAQ’s

1. What is the new immigration policy announced by President Biden?

President Biden’s new policy allows undocumented spouses and stepchildren of U.S. citizens to apply for permanent residence and obtain a green card without having to leave the United States.

2. Who is eligible for this new program?

To be eligible:

• Spouses must be present in the U.S. without legal admission or immigration parole, have lived in the U.S. for at least ten years, and be in a legally valid marriage with a U.S. citizen as of June 17, 2024. They must also merit a favourable exercise of discretion and not pose a threat to public safety.
• Stepchildren must be unmarried, under 21, and their parent must have married a U.S. citizen before the stepchild turns 18.

3. How many people could benefit from this new policy?

Approximately 500,000 spouses and 50,000 stepchildren could be eligible for this new program.

4. Why have these individuals not applied for permanent residence before?

Typically, undocumented individuals who enter the U.S. without permission and stay for over a year must leave the country and remain abroad for ten years before they can apply for permanent residence. Although waivers for this ten-year bar exist, the process faces significant backlogs.

5. How does this policy change the process?

The new policy allows noncitizen spouses and stepchildren to bypass the ten-year bar by granting them parole, which protects them from deportation and provides work authorization.

6. How long will approved individuals be able to apply for permanent residency?

Approved individuals will be allowed to apply for permanent residency for a three-year period, during which they will also be eligible for work authorization and can stay with their families in the U.S.

7. When will more eligibility information be available?

More detailed eligibility information will be available once a notice is published in the Federal Register, which is expected in the coming weeks. Applications are anticipated to open by the end of the summer.

8. Who will most likely benefit from this new program?

Most of the beneficiaries will likely be Mexican, given the profile of immigrants who arrived in the U.S. ten years ago. On average, these individuals have lived in the U.S. for 23 years.

9. Is this policy legal?

Yes, the policy is based on “parole in place,” a longstanding legal authority that the Homeland Security secretary can exercise for urgent humanitarian reasons or significant public benefit. This legal basis could help protect the policy from legal challenges.

10. What has been the reaction to this new policy?

Republicans have criticized the policy, calling it a “mass amnesty scheme.” They have long opposed legislation to legalize the undocumented population and have challenged similar programs in court. However, this policy’s legal foundation might help it withstand legal challenges.

11. How might this policy impact the upcoming election?

The Biden campaign might hope that U.S. citizen spouses of those benefiting from the policy will be more likely to vote for the president, especially in key states like Arizona and Nevada, which have large Latino populations. However, Latino voters have complex views on immigration, and it remains to be seen how this policy will influence their votes.