Biden’s new immigration policy offers relief to undocumented spouses

In a landmark move, President Joe Biden announced a sweeping immigration policy on Tuesday, aiming to extend protections to undocumented residents married to U.S. citizens. 

The new executive order stands to significantly impact California, home to the largest number of undocumented individuals in the nation. According to the Migration Policy Institute, approximately 315,000 undocumented Californians are married to U.S. citizens, though it remains uncertain how many will qualify under the new policy’s specific criteria.

To be eligible, undocumented spouses must have resided in the U.S. for at least a decade, be married to a U.S. citizen as of June 17, 2024, and possess a clean criminal record. The rule also extends to stepchildren under 21 years old. White House estimates suggest the policy could protect over half a million spouses and children nationwide from deportation, with the possibility of eventually applying for citizenship.

“California wins big with this executive order,” commented Angelica Salas, executive director of the Coalition For Humane Immigrant Rights. 

Senior administration officials have highlighted that those eligible have lived in the U.S. for an average of 23 years, signifying deep-rooted ties to the community.

President Biden introduced the policy during an event marking the 12th anniversary of Deferred Action for Childhood Arrivals (DACA), the Obama-era initiative that shields individuals brought to the U.S. as children from deportation. Additionally, the administration unveiled plans to expedite work visas for DACA recipients and other DREAMers who have obtained degrees and job offers in their fields of study.

“There will be tears of joy paired with sighs of relief as the significance of these executive actions by President Biden sets in for these families,” remarked Rep. Nanette Barragán, chair of the Congressional Hispanic Caucus. Barragán lauded the move as “the most significant protections for immigrant families” since DACA’s inception in 2012.

Traditionally, an undocumented person married to a U.S. citizen must return to their home country to obtain a green card, a process that can take up to 10 years and serves as a major obstacle for many families. The newly announced program permits approved immigrant spouses to remain in the U.S. while applying for permanent residency, providing them three years to apply. They are also eligible for work authorization during this period.

Despite the positive reception among immigrant advocacy groups, the policy is expected to face legal challenges. It arrives two weeks after the Biden administration’s contentious decision to temporarily close the Southern border to asylum seekers entering illegally, a move currently under legal dispute by advocacy groups.

Salas emphasized the complexity of the immigration issue, stating, “It’s a good day for those families, even as we know that we have millions and millions of people who still need a solution.” 

Unsurprisingly, the announcement has drawn sharp criticism from Republicans. Former President Donald Trump, the GOP’s leading presidential candidate, denounced the executive order on his social media platform, Truth Social. “Biden is preparing to give MASS AMNESTY to hundreds of thousands of illegal aliens!” he exclaimed. “This is unsustainable and can’t be allowed to continue! On day one, we will SHUT DOWN THE BORDER and start deporting millions of Biden’s Illegal Criminals.”

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