New Policy Implementations from the Biden Administration to Protect Certain Undocumented Immigrants

The Biden administration has announced new policies that would offer legal status to a wide array of immigrants living in the United States without the proper and necessary documentation. This program that is being crafted would provide work permits and certain deportation protections to those unauthorized immigrants married to U.S. citizens. Their eligibility to receive such protections is determined on a case-by-case basis.

The Department of Homeland Security (DHS) has established the process and criteria to consider such requests for certain noncitizen spouses and children of U.S. citizens who have been living in the United States for at least 10 years and have never left and:

• have lived in the United States after entering without permission;
• are legally married to a U.S. citizen or have a qualifying stepchild relationship to a U.S. citizen; and
• do not have certain criminal history or pose a threat to national security or public safety.

If eligible, as of June 17, 2024, these individuals will be able to apply for lawful permanent resident without having to leave the United States to be processed abroad.

Moreover, this proposal from the Biden administration, known as “Parole in Place,” would create a clear path to permanent legal status and, eventually, U.S. citizenship for some beneficiaries by eliminating obstacles in law that prevents those who entered the United States illegally from gaining green cards without having to leave the country.

An additional plan being drafted by the Biden administration would simplify the process for so-called DREAMers and other undocumented immigrants to request waivers that allow for them to obtain temporary visas, such as H-1B visas for high-skilled workers, with more ease and comfort.

According to the most recent government estimate, there are approximately 11 million immigrants living in the United States illegally. These proposed changes are expected to benefit an estimated 1.1 million unauthorized immigrants with American citizen spouses, so long as they meet the necessary residency requirements and other rules surrounding the implementation of such policy.

Furthermore, the U.S. Citizenship and Immigration Services (USCIS) already administers a “Parole in Place” program with more limitations for military families for over a decade. The policy established by USCIS allows for some undocumented immigrants who are immediate relatives of U.S. service members or veterans to obtain green cards, without having to exit the county.

This program is expected to start accepting applications by the end of summer 2024 after the formal federal register notice publication process is complete. Applications should not be submitted before the formal start date, or they will be rejected.

This move signifies the administration’s desire to address issues surrounding our immigration system. The “Parole in Place” plan would be considered the largest immigration program established for unauthorized immigrants since DACA, Deferred Action for Childhood Arrivals program, which was implemented in 2012. As this proposal is subject to further advancements, we encourage our readers to check our website regularly for updates on this and all matters revolving immigration law.