President Biden: “New Actions to Keep Families Together”
President Biden announced two directives for the Department of Homeland Security that will keep American families together as they apply for permanent lawful status and streamline the waiver process for work visas to eligible DACA recipients and dreamers.
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Parole-In-Place
The first directive announced Parole-In-Place for noncitizen spouses of US citizens and their children. This means that qualifying noncitizen spouses can apply for parole in place, receive work authorization, and apply for adjustment of status all while remaining together with their family in the United States as they wait for the United States Citizenship and Immigration Services (USCIS) agency to process their application for a green card.
The current process for noncitizen spouses married to US citizens requires that they go through consular processing as managed by the Department of State. This requires that families apply for a provisional unlawful presence waiver that has a high hardship standard to meet, and is currently taking USCIS almost 4 years to process.
If the provisional waiver is approved, families are required to travel to their country of origin for a consular interview, and seek reentry as a permanent resident. The provisional waiver is not a guarantee of reentry and families risk being separated if the bar to reentry is imposed or if they are referred to deportation proceedings.
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Streamline Work Visa Process for DACA and Dreamers
Deferred Action for Childhood Arrivals (DACA) recipients or Dreamers who have the educational credentials to qualify for an employment based visa are required to apply for what is referred to as a D-3 waiver. This waiver requires that applicants travel outside the US and wait long periods of time before they can seek reentry. Additionally, they risk the bars to reentry being imposed upon them.
President Biden’s directive would provide clarifying guidance language to streamline this process for DACA and Dreamers to access such employment based visas more readily.
Dismantling Barriers Created by Our Own Laws
Parole-In-Place for noncitizen spouses of US citizens is a step in the right direction to removing barriers created by our own immigration laws. The United States immigration system and its laws are complex, often involving several different agencies adjudicating different forms and requirements. The 3 and 10 year bars to reentry for unlawful presence are examples of seemingly simple laws in the Immigration and Nationality Act (INA) that complicate the immigration process and, I argue, perpetuate the undocumented status of noncitizens who would otherwise be able to adjust their status to that of a lawful permanent resident.
While these Executive Orders are immediate fixes that will benefit America and many American families and DACA recipients, it is still possible for legal challenges to ensue and jeopardize these orders as is currently the case for DACA. For this reason, Congress must prioritize passing a much overdue comprehensive immigration reform once and for all since a complete overhaul of our immigration system is highly unlikely.
RESOURCES
- American Immigration Council: The Biden Administration’s Parole-In-Place Announcement: Helping Mixed-Status Families Stay Together and Avoid Bureaucratic Traps
- Presidents’ Alliance on Higher Education and Immigration: Streamlining Dreamers’ Access to Employment-Based Visas Using D-3 Waivers: What You Need To Know
- Department of Homeland Security Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families
ACTION
- Thank your members of Congress and the President for supporting these initiatives and share your story of why this matters to you. Find your members in the U.S. Congress here.
- Join a Courts and Ports Border Witness Program: Email fabi@texasimpact.org
- Support American Business Immigration Coalition’s (ABIC) Here to Work Campaign and Employer Sign on Letter
- Volunteer with the American Immigration Council to prepare asylum seekers for their credible fear interviews. Learn more about the project here; and sign up to volunteer here (you don’t need to be an attorney, but volunteers must speak Spanish).