Understanding the New Immigration Protections for Families and DACA Recipients
On June 18, 2024, the Biden administration introduced two major policy changes designed to provide much-needed relief to certain undocumented immigrants in the United States. These changes could impact up to 550,000 individuals, including undocumented spouses and stepchildren of U.S. citizens, as well as DACA recipients and undocumented college graduates seeking work visas.
Expanded Parole in Place for Undocumented Spouses and Stepchildren
The first significant policy change is the expansion of “parole in place” (PIP) to include undocumented spouses and stepchildren of U.S. citizens. This policy allows individuals who entered the country unlawfully to adjust their status without having to leave the U.S., thus avoiding the risk of a 10-year reentry bar.
What is Parole in Place? Parole in place is a form of immigration relief that allows noncitizens already in the U.S. to remain and apply for a green card. Traditionally, this relief was available to family members of military personnel, providing protection from deportation and a path to permanent residency. Now, the Biden administration has expanded this policy to include undocumented spouses and stepchildren of U.S. citizens, potentially benefiting over half a million individuals.
Why This Matters Under current immigration laws, undocumented immigrants married to U.S. citizens often face significant challenges in obtaining legal status. If they entered the country without inspection, they must leave the U.S. to apply for a green card, triggering a 10-year bar on reentry. Although waivers are available, the process is lengthy, complex, and uncertain.
The expansion of PIP under the Biden administration means that qualifying individuals can now adjust their status within the U.S., avoiding the reentry bar and the potential for prolonged family separation. This policy change could provide relief to thousands of families living in legal limbo.
New Opportunities for DACA Recipients and Undocumented College Graduates
The second policy change announced by the Biden administration focuses on DACA recipients and undocumented college graduates, streamlining their process for obtaining certain employment-based nonimmigrant visas, such as H-1B or O visas.
Addressing the 10-Year Bar Many undocumented college graduates and DACA recipients face the same reentry bar as undocumented spouses. The new policy directs the State Department to update its guidance on 212(d)(3) waivers, allowing these individuals to obtain work visas without triggering the 10-year bar.
Implications for Undocumented Students With over 400,000 undocumented students currently enrolled in U.S. colleges, this policy change could significantly impact their future. By facilitating easier access to work visas, the administration is helping these individuals secure stable employment and contribute to the U.S. economy without fear of deportation.
Potential Legal Challenges
Despite the potential benefits of these new policies, they may face legal challenges. American First Legal, an organization co-founded by former Trump advisor Stephen Miller, has already expressed intentions to sue to block the PIP program. This could lead to delays or prevent the program from being fully implemented, similar to past immigration initiatives like President Obama’s Deferred Action for Parental Accountability (DAPA) program.
The Need for Permanent Legislative Solutions
While the Biden administration’s policies offer immediate relief to some, they do not address the root cause of the problem: the 3-and-10-year reentry bars established by Congress in 1996. These bars were intended to deter illegal immigration but have instead trapped many undocumented individuals in the U.S., preventing them from legalizing their status.
To create lasting change, Congress must revisit and repeal these outdated and harmful provisions. Until then, policies like PIP and streamlined work visa processes will serve as temporary fixes rather than permanent solutions.
Take Action Now
The Biden administration’s recent immigration policies represent a crucial step forward for undocumented spouses, stepchildren of U.S. citizens, DACA recipients, and undocumented college graduates. These changes offer hope and new opportunities for thousands of families. However, with potential legal challenges on the horizon, it is essential to act quickly.
If you think you may qualify for these new protections or have questions about your immigration status, our law firm is here to help. Contact us today for a consultation and to learn more about how these new policies could impact your future. Don’t wait—secure your family’s future today.