A new policy unveiled by the Biden administration on Tuesday will provide a pathway to citizenship for around 500,000 immigrants who are married to citizens of the United States but do not currently have legal status in the country, as well as for their offspring.
This is one of the most comprehensive immigration measures implemented by President Joe Biden, and it is one that immigration supporters have been actively pushing the government to implement.
Examining the new policies to see who might profit and how:
How was it done before?
According to American immigration law, if an American marries someone who is not a citizen but is residing in the country, the spouse may apply for what is known as a “green card,” which is a long-term permanent residence, with relative ease.
However, the process becomes considerably more difficult if the spouse has been residing in the country illegally for an extended period of time.
Frequently, they must depart and apply from their nation of origin. Before submitting an application to return, the individual may need to leave the country for three to ten years, depending on how long they have been in the country without permission. In order to avoid having to wait so long overseas, they can apply for a waiver, but the process takes, on average, three and a half years.
They must travel overseas, apply at a consulate (where lengthy lines may form), and be granted permission to return to the United States.
“Prolonged separation is a possibility, particularly in the event of unfavorable circumstances,” stated Elizabeth Taufa, strategist and policy attorney at the Immigrant Legal Resource Center.
Many choose to stay and live in hiding rather than risk leaving their family behind for an uncertain and protracted procedure in America.
In what ways is Biden altering immigration law?
Many spouses who previously lacked legal status can now apply for lawful permanent residency under the new rules, stay in the country, and eventually gain a road to citizenship. Still, it’s not an endorsement per se.
People must not be a security risk, have been in the country for at least ten years, and be married by June 17, 2024, in order to be eligible. In a fact sheet outlining the new policy, the government of Homeland Security stated that they would need to apply. The government reviews the applications on a case-by-case basis. Spouses of immigrants cannot have previously been granted parole or admission to the nation.
According to Biden’s announcement, applicants would be checked for past immigration history, criminal history, and other issues, such as possible fraud.
The White House stated that when an application is approved by Homeland Security, the applicant will have three years to file for permanent residence and may be granted up to three years of work authorization.
Immigration advocacy group FWD.us estimates that 1.1 million undocumented immigrants are married to residents of the United States. In the end, the administration estimates that roughly half of that total, or roughly 500,000 people, may qualify for this program in addition to roughly 50,000 of their offspring.
According to the White House, the spouses have been residents of the country for just over 20 years on average. During a call to brief reporters, a senior administration official stated that they anticipate most program beneficiaries to be Mexican.
What role does this play in Biden’s other immigration initiatives?
Over the past 18 months, the Biden administration has adopted a two-pronged approach to border security and immigration.
Biden has, on the one hand, increased the difficulty of obtaining asylum at the southern border and stepped up the removal of individuals who are not eligible to remain. Immigration advocates decried Biden’s move this month to halt processing asylum claims when daily arrivals at the southern border reached a predetermined threshold.
However, the government has made a number of moves to allow people to enter the nation.
The most notable example is a program the administration established last year that permits citizens of Cuba, Haiti, Nicaragua, and Venezuela to enter the country if they can arrange for travel, pass a background investigation, and have a financial sponsor. 434,800 persons from those four nations have come as of the end of April thanks to that scheme.
Advocates for immigrants who have been in the country illegally for decades have urged the administration to take further action.
What aspects of the “Dreamers” program are changing?
Aside from the migrant spouse policy, the administration also unveiled modifications aimed at making it easier for participants in the Deferred Action for Childhood Arrivals program to be eligible for long-term work visas.
In 2012, the Obama administration extended temporary work permits and deportation protections to individuals who had been brought into the country illegally as minors by their parents. Many of these people, who are frequently referred to as “Dreamers,” are now parents.
Many firms might petition for DACA applicants to be granted a work visa in order to assist them in obtaining more stable and permanent residency. This was stated by Dan Berger, co-founder of Path2Papers, an organization that helps dreamers pursue work visas and other ways to get legal permanent status, and an immigration fellow at Cornell Law School.
To acquire the work visa, the DACA recipient must, however, leave the nation, apply, and be granted a waiver before being allowed to reenter it. According to Berger, the waiver process is so sluggish and offers no guidance that employers and DACA recipients are hesitant to try it.
“Having guidelines and expectations that are clear is tremendously beneficial,” he said.
What comes next?
Guidelines on the operation of the spousal program must be produced by the Department of Homeland Security. Speaking at a ceremony on Tuesday, President Joe Biden stated that the program will launch before the end of the summer.
The Department of Homeland Security’s U.S. Citizenship and Immigration Services will be responsible for handling each application. In the past, the agency has experienced financial difficulties while attempting to lower wait times and backlogs.
The plan has drawn harsh criticism from Republicans and opponents of immigration, who virtually certainly plan to file a lawsuit to try and halt it.