President Biden has been in office since January 2021, coming in with a flourish of promises of significant immigration reforms to undo the previous administration’s draconian policies, but it took until now—five months before the November 2024 elections—for him to announce a simple executive plan that provides a pathway to legalization for about 550,000 undocumented migrants. This could have been done years ago.
This plan offers legalization, not immediate citizenship. Citizenship may take years, and for some, might never happen. Applications will be reviewed on a case-by-case basis by the Department of Homeland Security (DHS).
Eligibility under the presidential executive order requires spouses to be married and living in the U.S. for at least 10 years as of June 17, 2024, and not pose a threat to public safety or national security, according to a DHS fact sheet. The process of obtaining permanent residency or a green card can take months or even years.
Those granted permanent residency can then apply for U.S. citizenship. Previously, undocumented spouses had to return to their home countries to apply for citizenship, a process that could take three to 10 years, and might include a re-entry ban.
Biden’s initiative appears politically motivated, similar to former President Barack Obama’s 2012 DACA move. Obama, after deporting many immigrants, implemented DACA to secure the immigrant vote and a second term. Similarly, Biden, facing dwindling support all around, including among immigrants, has introduced this initiative to regain favor. This action could have been taken years ago, but seems strategically timed. Biden’s words, “The Statue of Liberty is not some relic of American history. It still stands for who we are,” seems contradictory after his June 4 announcement barring migrants from receiving asylum who crossed the southern border unlawfully.
Despite the political undertones, this initiative is welcome and echoes Past President Bill Clinton’s move before leaving office to allow any undocumented immigrants with a qualified sponsor to apply for residency.
Biden’s plan will enable the children of these immigrants to attain U.S. citizenship. A White House statement highlighted the goal of keeping families together and supporting long-term undocumented immigrants.
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“They [undocumented spouses of U.S. citizens] have to leave their families in America with no assurance that they will be allowed back in the United States, so they stay in America, but in the shadows, living in constant fear of deportation without the ability to legally work,” said Biden.
To be considered on a case-by-case basis for this process, an individual must be present in the United States without admission or parole; have been continuously present in the United States for at least 10 years as of June 17, 2024; and have a legally valid marriage to a U.S. citizen as of June 17, 2024. They must also have no disqualifying criminal history or pose a threat to national security or public safety.
Non-citizen children of potential requestors may also be considered for parole if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.
An individual will have to file a form with USCIS, provide supporting documentation, and pay a fee. Further information about eligibility and the application process will be published soon. USCIS will reject any filings received before the application period begins later this summer.
On receipt of a properly filed request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted. All requests will consider the applicant’s immigration history, criminal history, background checks, and any other relevant information. To ensure the integrity of the program, USCIS has processes in place to identify and address potential fraud.
Another overdue move concerns Deferred Action for Childhood Arrivals (DACA) recipients or “Dreamers.” Last Tuesday, Biden announced that companies employing DACA recipients can apply for H-1B work visas for them, paving the way for recipients to achieve permanent residency.
Both are commendable moves, but it remains to be seen whether these actions will sway immigrant voters and help Biden retain his position or if this last-minute effort is too little, too late.
Felicia J. Persaud is the publisher of NewsAmericasNow.com, a daily news outlet focused on positive news on the Black immigrant communities of the Caribbean and Latin America.