President Biden on Tuesday issued sweeping immigration relief that would allow certain undocumented immigrants married to U.S. citizens to remain in the country and work legally.
Biden’s latest action expands the regularization program known as parole, which widely affects military families and spouses. He also announced new measures that will make it easier for immigrants living in the country illegally to apply for visas.
The latest immigration relief comes in the wake of executive action announced by the administration last week aimed at stemming the flow of migrants crossing the southern border.
Here’s what you should know about the parole expansion going into effect:
What is probation in effect?
Current parole allows an alien who entered the U.S. without authorization to stay for a set period of time. It is normally granted on a case-by-case basis, according to United States Citizenship and Immigration Services.
Who is eligible?
Those eligible for the expanded parole program must have been present in the U.S. for at least 10 years as of Monday and have a legally valid marriage to a U.S. citizen on the same date.
They must also meet all legal requirements, such as not having a disqualifying criminal record and not being a threat to national security.
Noncitizen children of potential applicants may also be considered for current parole “if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen,” according to the Department of Internal security.
Those who are eligible may request a case-by-case evaluation of their parole application. Those who are approved will have three years to apply for permanent residency and will receive a three-year work permit and a deferral of deportation in the meantime.
White House Press Secretary Karine Jean-Pierre noted at a press conference that those arriving in the country now are not eligible.
“Individuals coming in now are not eligible — so we try to give scope to that, so to speak,” she said when asked how the administration balances the benefit of those who may have broken the rules before.
How many people are affected?
About half a million spouses of U.S. citizens and about 50,000 non-citizen children under the age of 21 could be eligible for this program, according to the White House.
Jean-Pierre said the average person eligible for this program has been in the country for about 23 years.
“Eligible people have been here for 23 years…that spouse is married to a U.S. citizen, they probably have children, some of them, who are U.S. citizens because they were born here,” she said.
How has current probation been used before?
This policy typically applied to military family members before Tuesday’s announcement of the expansion.
Prior to the announcement, those eligible for parole included the spouse, parent or child of active duty members of the U.S. military, Selected Reserve Ready Reserve individuals or a military veteran, according to United States Citizenship and Immigration Services.
Is it amnesty?
Republicans are certainly calling it that.
Former President Trump’s campaign on Tuesday called Biden’s actions a “mass amnesty” program, a term conservatives use more broadly to apply to non-restrictive immigration policies.
Amnesty specifically is a pardon granted to someone who violated rules related to immigration, according to Cornell University Law Institute.
Will this hold up in court?
Jean-Pierre expressed confidence that the new parole expansion in place will survive legal challenges.
“We believe that this approach, this announcement that we are making today, is fully within our legal authorities,” she said.
Alex Gangitano contributed reporting.
This story originally appeared on thehill.com read the full story
