The Biden administration recently announced significant updates to immigration policies, providing new protections and opportunities for long-term undocumented immigrants, particularly those married to U.S. citizens and DACA recipients. These changes represent a critical shift in immigration enforcement and offer hope to many families fearing deportation and separation. As an immigration attorney, it’s essential to stay informed and guide clients through these new processes. Here’s a detailed breakdown of the latest policies and what they mean for you and your loved ones.
Deportation Protections for Spouses of U.S. Citizens
One of the most impactful changes is the new deportation protection for long-term undocumented immigrants married to U.S. citizens. This policy will allow approximately 500,000 noncitizen spouses and their children to apply for lawful permanent residence (a green card) under certain conditions. To qualify, a noncitizen must meet the following criteria:
- Resided in the U.S. for at least 10 years as of June 17, 2024.
- Married to a U.S. citizen since that date.
- Must not be deemed a security threat.
Applications will be evaluated on a case-by-case basis by the Department of Homeland Security (DHS), with the process expected to open by the end of the summer.
Impact on Children
This new policy also extends to roughly 50,000 children who are noncitizens but have an immigrant parent married to a U.S. citizen. These children must meet specific criteria to qualify:
- Be 21 years old or younger.
- Unmarried.
- The marriage between the parents must have occurred before the child turned 18.
Work Permits for DACA Recipients
In addition to deportation protections, the Biden administration has introduced measures to expedite work permits for DACA recipients. The new policy allows DACA recipients who have graduated from an accredited university and have a job offer for a highly skilled position to quickly qualify for temporary work visas, such as the H-1B visa. This initiative aims to provide better opportunities for the nearly 579,000 DACA recipients currently awaiting legal decisions about the program’s future.
Understanding the Legal Landscape
Despite these advancements, the future of DACA remains uncertain. The U.S. 5th Circuit Court of Appeals is currently reviewing the program’s legality, with a potential decision likely heading to the Supreme Court. This ongoing legal battle underscores the need for permanent legislative solutions to protect DACA recipients and other undocumented individuals.
The Path Ahead
While these new policies offer immediate relief to many, comprehensive immigration reform is still necessary to address the broader issues within the U.S. immigration system. Congress has struggled to pass meaningful reform, with the closest attempt being the 2013 “Gang of Eight” bill, which ultimately failed to become law.
As an immigration attorney, it’s crucial to stay updated on these policy changes and guide your clients through the new processes. The recent announcements provide a pathway to stability for many families, but the journey can be complex and challenging. By staying informed and proactive, you can help your clients navigate these changes and advocate for their rights and opportunities in the U.S.
For more detailed guidance and personalized assistance, feel free to contact our office. We are committed to supporting you and your family through every step of this journey.