President Biden will announce executive actions on Tuesday aimed at protecting hundreds of thousands of immigrants who lack legal status from deportation, according to senior administration officials.
One of Biden's actions will protect immigrant spouses of U.S. citizens who have lived consecutively in the country for at least a decade, officials said in a call with reporters Monday. The measure allows these immigrants to quickly access a path to the US citizenship to which they are entitled through marriage.
Biden is expected to make the announcement at a White House event on Tuesday to mark the 12th anniversary of Deferred Action for Childhood Arrivals, the Obama-era program that protected more than 800,000 immigrants brought to the United States when They were children.
The protections for spouses of citizens come two weeks after Biden announced a separate executive action limiting access to asylum at the southern border.
With five months until the election, the president is trying to appeal to a wide range of voters. The asylum rule was a move to the right that could help him win support from moderates, while the latest announcement appeals to the left, who were angry about the asylum restriction. Polls have shown that many voters are concerned about immigration as the number of people crossing the border into Mexico has increased. Former President Trump has made criticism of Biden's immigration policy a cornerstone of his campaign to retake the White House.
Administration officials said the actions, along with the previous announcement, demonstrate the president's commitment to securing the border, keeping families together and ensuring the immigration system is more fair.
How will the immigrant spouse program work?
The administration will use a program known as “parole in place,” which allows people to work legally and adjust their immigration status without having to leave the country.
Immigrants who enter the country legally and marry U.S. citizens can obtain green cards that make them legal residents. But as punishment for evading immigration law, the vast majority of those who entered illegally must return to their home countries and cannot return for years, often at least a decade.
Instead, many of these immigrants have chosen to remain in the United States without legal status and continue to risk deportation. Current parole allows the government to ignore illegal entry, allowing people to seamlessly continue the process of becoming legal residents.
How many people could be protected?
Administration officials said the action will protect about 500,000 immigrant spouses of U.S. citizens and about 50,000 immigrant youth with a U.S. citizen stepparent.
To qualify, immigrants must have resided in the U.S. for 10 or more years as of June 17 and be legally married to a citizen. On average, those eligible for the process have lived in the United States for 23 years.
Eligible immigrant children must be under age 21, unmarried, and their parents must have been married before the child turned 18.
Applications, which are expected to open in late summer, will be considered on a case-by-case basis, officials said. Those approved will be eligible for work authorization for up to three years. They will also have three years to apply for permanent residence.
Anyone who poses a threat to national or public safety will be detained and removed by the Department of Homeland Security or referred to other federal agencies for further investigation, officials said.
Officials said they expect most of the applications will come from immigrants from Mexico, as well as many from Central America.
Those who lack legal status and are married to U.S. military members have qualified for a similar benefit since 2010.
What else is the White House planning?
In a separate move, the Biden administration is also making it easier for immigrants who are in the country illegally, including those with DACA status and other Dreamers, to more quickly receive work visas.
The change applies to those who graduated from a US university and have received a job offer in a field related to their career. Some work visas, such as the H-1B for workers in skilled occupations, offer a path to citizenship, although severe delays mean the process can take decades for people from certain countries.
Under US law, anyone without legal status must leave the United States before applying for a visa and being able to return. Officials said the guidance will provide more certainty and speed in that process for workers who lack that status.
What do the followers say?
Business groups and other advocates have urged Biden for months to extend protections and work authorization to certain immigrants without long-standing legal status.
“This is a tremendous step forward by President Biden and a much-needed fulfillment of the promise to keep families together,” said Todd Schulte, president of the advocacy organization FWD.us. “We celebrate alongside millions whose future is better today, support those still waiting for similar protections, and renew our commitment to protecting this progress and fixing all aspects of our broken immigration system, including providing a path to citizenship for those who have waited too long. .”
California Sen. Alex Padilla called Biden's action “long overdue justice” for people who have been waiting but are key to so many thriving families and communities,” the Associated Press reported.
What do the critics say?
Critics said the move amounts to another example of Biden circumventing Congress and abusing parole authority. Sen. John Cornyn (R-Texas) called it an election-year stunt.
“This is what the Border Patrol calls a pull factor,” Cornyn said in a speech on the Senate floor Monday. “It's like a magnet that draws people to the United States who know that if they wait long enough, President Biden will find some way to allow them to remain in the United States, even if they evade legal means of entering the country.”
The new rule is expected to face legal challenges, but Biden administration officials said Monday they feel they are on solid legal footing.
