President Biden announced on Tuesday (18) new protections for hundreds of thousands of immigrants who have been living illegally in the United States for years and are married to American citizens.
Under the new policy, about 500,000 undocumented spouses will be protected from deportation and will have access to citizenship and the ability to work legally in the United States. This is one of the most extensive presidential actions to protect immigrants in over a decade, since President Obama announced DACA, protection for young undocumented individuals.
The decision comes at a time when Biden is trying to find a balance on one of the most dominant political issues in this year’s electoral campaign. Aware that many Americans want tougher border policies, Biden announced just two weeks ago a crackdown measure that suspended long-standing guarantees that allow anyone who steps on American soil the right to seek asylum here.
The measure announced on Tuesday may help Biden address some of the negative consequences that these asylum restrictions have raised among members of his more progressive base, who have accused the White House of betraying campaign promises to adopt a more humane approach to immigrants, unlike what his predecessor, Donald Trump, did for 4 years.
The new benefits for undocumented spouses will not take effect immediately.
Marrying an American citizen generally provides a pathway to American citizenship. However, individuals who crossed the southern border illegally – instead of entering the country with a visa – must return to their home countries to complete the green card application process.
Many end up not going back to avoid long separations from their spouses and family members, fear of not being able to return, and various other reasons. The new program will allow families to remain in the country while seeking legal status.
The rules of the new program
To be eligible, spouses must have been living in the United States for 10 years and be married to an American citizen. The benefits also extend to about 50,000 children of undocumented spouses who have become stepchildren of American citizens.
Biden’s measure is based on a program known as “parole,” which has been used to protect and benefit other immigrant populations. The status gives non-citizens the ability to live and work temporarily in the United States, with work permission and without fear of deportation.
Legal challenge
Like DACA, supporters of Biden’s measure fear that the program will be challenged in court.
DACA has been closed to new applicants since 2017, when Trump attempted to end the program, and has since remained embroiled in litigation, with its long-term survival in question.
Biden promises to address this issue with future policy that would facilitate the process for Dreamers to be sponsored for a work visa by their employers and ease the path to a potential green card. The administration is expected to issue guidance in the coming days that will benefit both current DACA recipients and others who have been excluded from the program since Trump took office.
Source: The New York Times