June 18, 2024
Today — President Biden did just that. He updated the process for half a million undocumented migrants married to American citizens to legally stay in the United States. Plus he streamlined the process for DACA recipients to get work visas.
Before I tell you what this program does – I want to emphasize what it does *not* do. This program does not allow these people to vote. Green card holders or legal residents are *not* u-s citizens. Only US citizens are allowed to vote in federal, state and local elections. So even if this program survives the inevitable court challenges, these people will *not* be eligible to vote in November.
Now – to what this does do. President Biden signed an executive order that requires the Department of Homeland Security to create a new process to allow certain undocumented migrants who are legally married to an American citizen to apply for lawful permanent residence. The children of these specific qualified undocumented migrants will also be eligible for permanent residence. Once permanent residency is granted, the recipient will be eligible for a work visa for three years and then can start the process of applying for US citizenship after that. In order to qualify for this program, the undocumented migrant must have married a u-s citizen by yesterday, June 17th and must have been living in the United States for the last 10 years. That means, this will not apply to anyone who is married to an american citizen but entered the United States after June 17th of 2014. It will also not apply to anyone who does not meet all the other existing legal requirements to become a lawfully permanent resident nor will it apply to spouses who have been living outside the United States or spouses living here illegally who overstayed their visas. The White House says this new program will benefit 500,000 undocumented migrant spouses and 50,000 children under the age of 21.
Now – this process is technically already available for these undocumented migrants who marry an American citizen but right now – the process is full of red tape and takes years to resolve. Plus under the current process — when these people apply they have to leave the united states and wait outside the country for up to 10 years before they can come back and get their green card. This new executive action will remove that out of the country requirement. So these qualified undocumented migrants will be able to stay here while they go through the process – allowing them to remain with their spouses and their children.
In addition, this executive order will allow DACA recipients to more easily qualify for work-visas. Under this new program specific dreamers will be eligible to apply for a work visa if he or she has graduated from a u-s college or university and has a US job offer in a field related to their degree. More details about the spouse program and DACA program are still being worked out but the white house expects the application process will open at the end of the summer.
Of course – there will be legal challenges to all this so we will have to see if that timeframe or these programs hold up. And since this is being done through executive action and not through congress, if there is a new president next year, that new president can easily revoke these programs.
Read more from the White House about this program here.
Watch the President’s announcement here.
