Biden’s New Immigration Policy: A Pathway to Citizenship for Undocumented Spouses of US Citizens
Biden’s New Immigration Policy Package: A Pathway to Citizenship and Economic Growth for Half a Million Spouses and Kids.
President Biden's Announcement
"Today (18th June, 2024), I’m announcing new measures to speed up work visas to help people – including Dreamers – who've graduated from U.S. colleges and universities land jobs in high-demand high-skilled professions. It's good for business. It's good for the economy. It's good for America."
These were the words of President Joe Biden as he introduced a groundbreaking policy aimed at providing a pathway to citizenship for certain immigrants. This initiative is set to impact roughly half a million immigrants who are married to American citizens but lack legal status in the United States. This policy is a significant step in Biden's broader immigration strategy, balancing relief for immigrants with enhanced border security measures.
How the Process Worked Before
Previously, U.S. immigration laws posed significant challenges for immigrants married to American citizens but living in the country without legal status. While it was relatively straightforward for the spouse of an American citizen to apply for a green card, complications arose if the spouse had been living in the U.S. illegally. Such individuals were often required to leave the country and apply from their home nation, facing prolonged separation from their families, in addition to attendant uncertainties. The wait times for these processes were extensive, averaging three to ten years depending on the duration of unauthorized stay in the U.S. Seeking a waiver to expedite this process could take an additional three and a half years.
Changes Under Biden's Policy
President Biden’s new policy offers a more compassionate and pragmatic approach. Immigrant spouses who meet certain criteria can now apply for lawful permanent residence without leaving the U.S., ultimately paving the way to citizenship. Eligibility requires that individuals have lived in the U.S. for at least ten years, pose no security threat, and were married to a US citizen by June 17, 2024—the duration of the marriage is irrelevant for the purpose of the new policy. Each application will be assessed individually by the Department of Homeland Security, considering factors like immigration and criminal history to ensure no potential fraud.
Upon approval, applicants have three years to apply for permanent residency and can receive work authorization for up to three years. This change is anticipated to benefit around 500,000 immigrants and approximately 50,000 of their children, providing stability and new opportunities for families that have lived in the shadows for years.
Integration with Biden’s Broader Immigration Policies
This policy is part of Biden’s dual strategy on immigration: tightening asylum qualifications at the southern border while providing lawful entry routes for others. Recent months have seen stricter asylum qualifications and increased deportations, which have drawn criticism from immigration advocates. Conversely, Biden has also facilitated lawful entry for individuals from countries like Cuba, Haiti, Nicaragua, and Venezuela through programs that require background checks and financial sponsorship.
Enhanced Opportunities for Dreamers
In addition to the spousal policy, changes have been announced for participants in the Deferred Action for Childhood Arrivals (DACA) program. DACA recipients, often referred to as “Dreamers,” now have clearer guidelines for obtaining work visas. Previously, this process required travel abroad and complicated waiver applications. The new policy simplifies this, enabling employers to more easily sponsor Dreamers for work visas, which offer a pathway to permanent residency.
Implementation and Future Prospects
The Department of Homeland Security is tasked with detailing the implementation of these new policies. The application process for spousal programs is expected to commence by the end of the summer, with further guidelines and application fees to be announced.
Despite the benefits, the proposal faces significant opposition from Republicans and immigration critics, who are likely to challenge it legally. Nevertheless, the administration's commitment to these changes reflects a balanced approach to immigration reform, aiming to provide stability for long-time residents while maintaining robust border security.
Summing Up and Looking Forward
President Biden’s immigration policies mark a significant shift towards a more inclusive and economically beneficial approach. By providing pathways to citizenship for long-term residents and streamlining work visa processes for high-skilled professions, the administration is addressing both humanitarian concerns and the economic needs of the nation. These policies not only offer relief to hundreds of thousands of immigrants but also promise to enrich the fabric of American society and economy.
However, it is important to underscore that many commentators have stated that the American immigration system is virtually broken—literally an open entry from its southern land border with Mexico, which President Biden has recently tried to tighten. At the same time, there is a protracted and cumbersome process for those who are in the country lawfully and wish to obtain a Green Card, which is a stepping stone to full-fledged U.S. citizenship. As the country heads towards the presidential election slated for November 5th, the debate on overall immigration policy and the latest initiative by President Biden is going to remain at the centre of contentious discussions.
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