President Biden will announce a massive immigration program on Tuesday that will provide legal status and a streamlined path to U.S. residency and citizenship for about half a million people. illegal immigrants married to US citizens.
The Department of Homeland Security policy will allow these immigrants to apply for work permits and deportation protection if they have lived in the U.S. for at least 10 years and meet other requirements, senior administration officials said on a call with reporters.
Most importantly, Biden’s move will pave the way for many of the program’s beneficiaries to permanent residency — colloquially known as a green card — and ultimately U.S. citizenship. If the policy is upheld in court, it would be the largest government program for undocumented immigrants since the Obama era Deferred action for child arrivals (DACA) initiative, which currently protects 528,000 so-called “DREAMers” brought to the U.S. as children from deportation.
Mr. Biden will announce the measure on Tuesday at a White House event marking the 12th anniversary of DACA, in addition to another move to make it easier for employers to sponsor “DREAMers” and other undocumented immigrants for work visas.
It is the second time in one month that Mr. Biden has taken a sweeping — and legally risky — executive action on immigration. Earlier in June, he invoked a presidential power frequently used by former President Donald Trump disqualify most migrants at the U.S.-Mexico border seeking asylum.
How Biden’s immigration plan would work
The Biden administration’s program for undocumented immigrants married to U.S. citizens would provide two major immigration benefits.
It will allow eligible applicants to legally work and live in the US on a temporary basis under the Immigration Parole Authority. The policy, known as Parole-in-Place, will also help these immigrants clear roadblocks in U.S. law that prevent them from obtaining permanent legal status without having to leave the country.
An immigrant who marries a U.S. citizen is generally eligible for a green card. But current federal law requires immigrants who entered the U.S. illegally to leave the country and reenter legally to qualify for a green card. Leaving the US after living in the country illegally for a certain period of time can result in a 10-year ban, preventing many mixed-status families from continuing this process.
The Biden administration’s policy would allow eligible immigrants to obtain a green card without having to leave the US. After living in the US for five years as a green card holder, immigrants can apply for US citizenship.
Administration officials estimate that about 500,000 unauthorized immigrants with spouses of U.S. citizens will qualify for the program. Applicants must be legally married to their U.S. citizen spouse by June 17. Those deemed to pose a threat to national security or public safety are not eligible.
The policy is also expected to benefit an estimated 50,000 immigrant children whose parent is married to a U.S. citizen, officials said. Undocumented stepchildren of U.S. citizens — who must also leave the country to obtain green cards — are eligible to apply for parole if they are under 21 years old.
A senior government official said the government plans to open the Parole-in-Place program to applications “by the end of the summer.” The policy will almost certainly face legal challenges, possibly from Republican-led states, which have sued the Biden administration several times over its immigration policies.
For more than a decade, the U.S. government has overseen a more limited Parole-in-Place policy for unauthorized immigrants who are the immediate family members of U.S. military personnel or veterans. In 2020, Congress affirmed that policy.
The State Department also announced Tuesday a streamlined process for DACA recipients and other undocumented immigrants who have graduated from U.S. colleges to more easily obtain work-related visas, such as H-1B visas for highly skilled workers.
Camilo Montoya Galvez
