Table of Contents
- Introduction
- Key Highlights
- How Does This Impact Families and Communities?
- Who Does Biden’s Immigration Executive Action Apply To?
- How Does This Address the Needs of Dreamers?
- Political and Legal Reactions
- Now What?
- Conclusion
Introduction
Biden announced today (June 18, 2024) a few major changes to U.S. immigration laws. These new changes are targeted to help undocumented spouses of U.S. citizens and Dreamers, that could bring hope to many families. This move is expected to benefit over 500,000 people, allowing them to obtain legal status and work authorization in the United States.
Key Highlights
Biden’s executive action creates a pathway to obtain legal permanent residence (LPR or Green Card) status for certain spouses and children of U.S. citizens. Additionally, eligible DACA recipients and other Dreamers will also have the opportunity to secure work authorization visas. This change in immigration policies come at a critical time as immigration remains the biggest key issue in American politics during the 2024 election year.
Executive Director Ben Johnson from the American Immigration Lawyers Association (AILA), stated, “These announcements are a bold step toward addressing the needs of American families and businesses. We applaud the Administration’s use of its existing legal authority to keep families together and implement sensible, humane immigration solutions.” 1
How Does This Impact Families and Communities?
The new policies are expected to significantly affect families and communities. Many undocumented spouses who have lived in the U.S. for over 10 years will now be given the opportunity to obtain legal status in the U.S. without the fear of being deported.2
Kelli Stump, AILA President, noted, “Around the country and across party lines, the American people have made clear they support legal pathways for immigrants who have built families and contributed to this country for years if not decades… this opportunity to gain stability after years of living in limbo will improve their lives and communities around the nation.” 3
Who Does Biden’s Immigration Executive Action Apply To?
The policy applies to undocumented spouses of U.S. citizens who have lived in the country for at least 10 years AND were married on or before June 17, 2024. These individuals will be given “Parole in Place” and have 3 years to apply for permanent residency. They will also be eligible for a 3-year work permit. About 50,000 noncitizen children under 21 years old, whose parent is married to a U.S. citizen, will also benefit from this policy.
Alex Cuic, immigration lawyer and professor at Case Western Reserve University, explained that this “kill[s] off the need to separate families” when one spouse must leave the country to apply for lawful permanent residence. 4
How Does This Address the Needs of Dreamers?
The new regulations also simplify and speed up the visa process for highly-skilled undocumented immigrants, which includes Dreamers, who have received degrees from U.S. universities or may have job offers in their fields. This new immigration policy also provides a more stable and secure alternative to the temporary protections offered by DACA, which has been faced with multiple legal challenges.
Political and Legal Reactions
While the announcement has been welcomed by many immigration advocates, it has also faced criticism. Many people on X (formerly Twitter) have chimed in that Biden’s announcement seems “desperate” considering the timing of this (it’s an election year). NumbersUSA, an organization advocating for stronger immigration laws, called Biden’s policy “unconscionable.” James Massa, CEO of NumbersUSA, argued that Biden’s action bypasses Congress and offers an amnesty-like solution for undocumented immigrants.5 “Rather than stopping the worst border crisis in history, President Biden has overreached his executive authority to use an unconstitutional process, circumventing voters and their elected representatives in Congress, to send a message that amnesty is available to those who enter illegally into the United States.”
On the other side of the aisle, many advocates see these executive actions as necessary steps toward a fairer immigration system. Aaron Reichlin-Melnick, policy director at the American Immigration Council, commented, “The Biden administration has been receiving a lot of flak from people saying that their focus has all been on new arrivals, when there are so many long-term undocumented immigrants stuck trying to navigate our complicated immigration system.”6
Now What?
The application process for these new policies is expected to start towards the end of summer 2024. The Biden administration has also indicated that application fees will be determined in the coming months. As these changes are implemented, their impact and potential legal challenges will become clearer over the months leading to the November 2024 presidential election.
Conclusion
Biden’s executive actions mark a significant shift in U.S. immigration policies, offering hope and pathways for thousands of undocumented spouses and Dreamers. By creating legal pathways for these individuals, the administration is taking a crucial step towards a more inclusive and compassionate immigration system.
At Ochoa & Hill Law Group, we are committed to providing comprehensive legal support and guidance to couples navigating the complexities of the green card application process. Contact us today to schedule a consultation with us and take the first step toward realizing your immigration goals.
Disclaimer: The information provided in this guide is for informational purposes only and should not be construed as legal advice.
- AILA Applauds Announcement of Life-Changing Protections for Undocumented Spouses of U.S. Citizens and Dreamers (https://www.aila.org/library/aila-applauds-announcement-of-life-changing-protections-for-undocumented-spouses-of-u-s-citizens-and-dreamers) ↩︎
- Half a million immigrants could eventually get US citizenship under a new plan from Biden, Associated Press (https://apnews.com/article/president-joe-biden-immigration-border-citizenship-spouses-69b9212c382d9bb265369b29b62622d7) ↩︎
- AILA Applauds Announcement of Life-Changing Protections for Undocumented Spouses of U.S. Citizens and Dreamers (https://www.aila.org/library/aila-applauds-announcement-of-life-changing-protections-for-undocumented-spouses-of-u-s-citizens-and-dreamers) ↩︎
- Biden to give legal status to 500,000 undocumented spouses by Bernd Debusmann Jr, BBC News, Washington (https://www.bbc.com/news/articles/c4nnyr4j9w5o) ↩︎
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