WASHINGTON — A new Biden administration policy announced Tuesday will give about half a million immigrants who are married to U.S. citizens but who do not have legal status in the United States a path to citizenship for themselves and their children. .
It’s one of President Joe Biden’s most sweeping immigration policies and one that immigrant advocates have been pushing hard for the administration to adopt.
A look at the new policy, who can benefit and how:
How did things work before?
Under U.S. immigration law, if an American marries someone who is not a citizen but lives in the United States, it can be a simple process for the spouse will apply for long-term permanent residence – called a green card.
But if the spouse has been living in the United States illegally for a long time, this process becomes much more complicated.
They often have to leave and apply in their home country. Depending on how long a person has lived in the U.S. without authorization, they may have to remain abroad for three to 10 years before applying to return. They can apply for an exemption to avoid waiting so long abroad, but getting an exemption also takes an average of three and a half years.
They need to go abroad, apply at a consulate – where the wait can be long – and be allowed to return to the US.
“There is a risk of a prolonged separation, especially if things go wrong,” said Elizabeth Taufa, a political lawyer and strategist at the Immigrant Legal Resource Center.
Faced with the prospect of leaving their families in America for a lengthy process that may not work, many decide to stay and live in the shadows.
How is Biden changing immigration policy?
Under the new policy, many spouses without legal status can now apply for legal permanent residency without leaving the US and eventually obtain citizenship. But it is not a general approval.
To be eligible, people must have lived in the U.S. for at least 10 years, not pose a security threat, and have been married by June 17, 2024. They would have to apply to the Department of Homeland Security, which considers applications in case by case, the department wrote in an information sheet describing the new policy. Immigrant spouses cannot have previously been admitted or paroled into the country.
Candidates will be screened for past immigration history, criminal records and more, including possible fraud, Biden’s announcement said.
Once Homeland Security approves a request, said the White House, the the person would then have three years to apply for permanent residency and could obtain work authorization for up to three years.
About 1.1 million immigrants without legal status are married to American citizens in the United States, according to the immigration advocacy organization FWD.us. The administration thinks that ultimately about half that number — about 500,000 — could be eligible for this program, plus about 50,000 of their children.
On average, spouses have lived in the United States for just over two decades, the White House said. A senior administration official said during a call to brief reporters that they expect the majority of people who will benefit from the program will be from Mexico.
How does this fit in with Biden’s other immigration policies?
The Biden administration has pursued a dual strategy on immigration and border security over the past year and a half.
On the one hand, Biden has made it much more difficult to qualify for asylum at the southern border and has stepped up removals of those who don’t qualify to stay. Immigration advocates smeared Biden’s decision this month cut asylum processing after arrivals at the southern border reached a certain number per day.
On the other hand, the administration took a series of measures to admit people into the country.
In the biggest example, the administration created a program last year that allows people from Cuba, Haiti, Nicaragua and Venezuela to come to the U.S. if they have a financial sponsor, pass a background check and fly into a U.S. airport. By the end of April, 434,800 people arrived through this program from these four countries.
Many advocates have pressed the administration to do more for immigrants who have lived in the U.S. illegally for decades.
What changes in the ‘Dreamers’ program?
In addition to the migrant spouse policy, the administration also announced changes designed to help those participating in the Deferred Action for Childhood Arrivals program more easily qualify for long-established work visas.
The Obama administration in 2012 offered people who were brought to the U.S. illegally by their parents child deportation protections and temporary work permits. Many of them, often known as “Dreamers,” are now parents.
Many companies that employ DACA recipients can apply for a work visa, which is more stable and provides a path to permanent residency, said Dan Berger, an immigration researcher at Cornell Law School who co-founded Path2Papersan organization that helps dreamers obtain work visas and other ways to obtain legal permanent residency.
But to obtain a work visa, a DACA recipient must travel abroad and apply for and obtain a waiver to reenter the United States. Berger said the waiver process is very slow and offers little guidance, so employers and DACA recipients are not eager to try it.
“Having clear guidance and clear expectations is really helpful,” he said.
What is the next?
The Department of Homeland Security must produce guidance on how the spousal program will work. The program will take effect at the end of the summer, President Joe Biden said during a ceremony on Tuesday.
It will be up to U.S. Citizenship and Immigration Services, an agency of the Department of Homeland Security, to process all applications. This agency has historically struggled with financing as it works to reduce delays and waiting times.
Republicans and immigration opponents have heavily criticized the proposal, and opponents will almost certainly sue in an attempt to stop it.
This story originally appeared on NBCNews.com read the full story
