The Biden administration announced on Tuesday a new executive action that allows certain undocumented spouses and children of US citizens to apply for lawful permanent residency without leaving the country. This significant move could protect hundreds of thousands of people from deportation.
This action will grant legal status and protections to about 500,000 American families and roughly 50,000 noncitizen children under the age of 21 whose parents are married to US citizens, according to a senior administration official. This initiative is one of the largest relief programs for undocumented immigrants since the Deferred Action for Childhood Arrivals (DACA) program introduced by former President Barack Obama in 2012.
The new policy aims to attract Latino voters in key battleground states like Arizona, Nevada, and Georgia, which are crucial for President Biden’s re-election chances. It also seeks to mend relations with immigration advocates and progressives, who have criticized Biden for some restrictive immigration measures, including recent actions to limit asylum processing at the US southern border.
President Biden announced the policy during a White House event celebrating the 12th anniversary of DACA, saying, “Today’s a good day.”
Currently, undocumented individuals married to US citizens must leave the country to apply for legal residency, disrupting their lives and causing uncertainty about reentry. The new action allows these spouses to apply for residency without leaving the United States, which the Biden administration argues will keep families together.
Homeland Security Secretary Alejandro Mayorkas, in an interview with CNN, highlighted the importance of family unity, calling it a core American value.
CNN had reported last week that this move was being considered. Despite facing legal challenges, White House press secretary Karine Jean-Pierre stated that the administration believes the action is within their legal rights.
To be eligible, individuals must have lived in the United States for at least 10 years and be legally married to a US citizen. The application process will open by the end of the summer.
This change will allow eligible individuals to live and work legally in the United States without the need to apply from abroad, which previously required them to remain outside the US for 10 years if they had been living there unlawfully.
The action is expected to impact up to 550,000 individuals, potentially enabling them to seek higher-wage jobs, benefiting the economy.
Republicans have criticized the move, with Senate Republican Whip John Thune arguing it creates incentives for illegal immigration. Sen. Thom Tillis suggested that a bipartisan immigration bill would be a better solution.
Some Democrats praised Biden’s decision, while others in vulnerable positions reserved judgment until they reviewed the details. Sen. Elizabeth Warren supported the move for keeping families together, and Sen. Sherrod Brown emphasized the need for a comprehensive immigration bill.
Immigration advocacy groups welcomed the announcement. Todd Schulte, president of FWD.us, urged President Biden to continue acting boldly to protect those affected by current immigration laws.
Democratic Rep. Delia Ramirez, whose husband is a DACA recipient, appreciated the move but noted more needs to be done for those still living in the shadows.
Additionally, President Biden announced plans to streamline the employment-visa process for college graduates with high-skilled job offers.