Biden immigration rule will protect undocumented spouses of U.S. citizens from deportation
WASHINGTON – Thousands of immigrants who are married to U.S. citizens but are in the country illegally would be protected from deportation and allowed to work while they seek permanent legal status under a sweeping new government program announced Tuesday.
The program, which President Joe Biden unveiled during an immigration event at the White House, would allow undocumented spouses and their children to apply for permanent resident status without leaving the country ? but only if they meet certain criteria.
To be eligible, immigrants must have resided in the United States for 10 years or more as of June 17, 2024, and be legally married to a U.S. citizen by that date. They cannot have been paroled and cannot pose a threat to public safety and national security. On average, those who are eligible for the program have resided in the United States for 23 years, officials said.
Under current law, many migrants seeking legal status must first depart the United States and wait to be processed abroad, which can take years.
The new rule will allow them to stay in the United States and work for up to three years while they seek permanent legal status.
The new rule doesn't require any fundamental change in immigration law and "embraces the American principle that we should keep families together," Biden said.
“I refuse to believe that to secure our border we have to walk away from being an American," he said. Generations "have been renewed, revitalized and refreshed by the talent, the skill, the hard work, the courage and determination of immigrants coming to our country.”
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The White House said the program would shield about 500,000 spouses of U.S. citizens from deportation and provide them with authorization to work for up to three years. The program also would provide protections for about 50,000 people under age 21 who are the children of a migrant who is married to a U.S. citizen. Those chosen for the program will have three years to apply for permanent residency.
The government believes the new rule will strengthen the economy and promote family unity by allowing families to stay together while waiting for their legal status to be approved.
Biden’s decision comes as he runs for reelection against former President Donald Trump, who has taken a hard line against illegal immigration.
Biden has faced record numbers of migrants caught illegally crossing the U.S. border with Mexico under his watch. This month, he signed an executive order authorizing the U.S. to turn away migrants who enter the country without legal permission when the number of crossings is high. The conditions for closure will be automatically triggered when more than 2,500 migrants enter the country between legal ports of entry.
Two immigrants rights groups sued the administration over the new restrictions last week. The groups seek to block the restrictions on the grounds that Biden’s order violates the nation's immigration laws by effectively barring migrants' access to the asylum system.
Biden has also faced pressure to provide protections for long-term U.S. residents who lack legal status, including the spouses of U.S. citizens.
Biden announced the protections for spouses at a White House event marking the 12th anniversary of the Deferred Action for Childhood Arrivals program, or DACA. That program was implemented under President Barack Obama with the goal of protecting young adults from deportation who were brought to the United States as children and who want temporary work authorization.
The new rules Biden announced Tuesday also will make it easier to obtain work visas for DACA recipients and other "Dreamers" who have earned a college degree in the United States and have a high-skilled job offer from a U.S. employer.
The change will make it easier for employers to hire the talent they need and make sure people educated in the United States are able to put their skills and education to use in the U.S., officials said.
Michael Collins covers the White House. Follow him on X @mcollinsNEWS.
This article originally appeared on USA TODAY: Immigration: Biden's new rule would protect spouses of U.S. citizens
