The Biden administration is currently exploring a proposal to safeguard undocumented spouses of U.S. citizens from deportation and grant them the ability to work legally in the country, as reported by four officials familiar with the discussions.
The officials, who requested anonymity to discuss the issue, mentioned that a final decision has not been reached and the specifics of the policy are still uncertain. Any potential program could also offer some spouses a more straightforward path to acquiring U.S. citizenship.
This proposal comes as President Biden has taken steps to address vulnerabilities in his immigration policy in recent days.
Last week, he enacted measures to restrict asylum for migrants entering the United States in an effort to strengthen border control, drawing criticism from members of his own party. By considering protections for undocumented immigrants in the U.S., Mr. Biden could potentially address some of the opposition to his previous actions and garner support from immigrant advocates, Latino voters, and his progressive base.
The program being discussed is known as “parole in place,” which has been utilized in the past for other groups, such as families of military personnel. It offers undocumented immigrants in the U.S. protection from deportation for a specified period and allows them to obtain a work permit.
Importantly, it also facilitates some undocumented immigrants in obtaining a green card and a pathway to U.S. citizenship.
Typically, entering the country unlawfully can hinder individuals from pursuing U.S. citizenship, even if they are married to a U.S. citizen. However, parole in place assists some immigrants in achieving a “lawful immigration status” and qualifying to initiate the citizenship process.
The potential impact of such a program on the population is not yet clear.
Mr. Biden’s recent executive order prompted immediate backlash, with some Democratic lawmakers comparing it to a Trump-era policy aimed at preventing migrants from accessing protections in the U.S.
Representative Pramila Jayapal of Washington stated last week, “While there are some differences from Trump’s actions, the reality is that this utilizes the same failed enforcement-only approach, penalizes asylum seekers and furthers a false narrative that these actions will ‘fix’ the border.”
Despite announcing a stringent border policy last week, Mr. Biden hinted at potential progressive immigration measures.
“For those who say the steps I’ve taken are too strict, I say to you that â be patient,” Mr. Biden remarked on Tuesday.
A White House spokesperson mentioned on Sunday that the administration is exploring various options.
“As we have said before, the administration continues to explore a series of policy options and we remain committed to taking action to address our broken immigration system,” the spokesperson stated.
Immigration advocates have had discussions with the White House and are hopeful about the potential for the protection, although there has been no indication of immediate action from the administration.
Groups like Fwd.US estimate that over a million undocumented spouses of U.S. citizens are currently residing in the country.
Andrea Flores, a former administration official and vice president of immigration policy at Fwd.US, stated, “We are optimistic and working tirelessly to ensure that President Biden takes action to protect the long-term undocumented in our country, including the estimated 1.1 million undocumented people in the U.S. who are spouses of an American citizen.”
“Doing so would fulfill his Day 1 promise to keep these families together,” she added.
Recent surveys indicate that many Americans, including Democrats and Latinos, support both stricter immigration enforcement and legal pathways to citizenship.
The shift towards more restrictive policies comes as cities and states struggle to accommodate the influx of migrants and as Republican candidates nationwide capitalize on fears of migrants impacting jobs, elections, and the nation’s cultural identity, even in regions far from the border.
Some political strategists view Mr. Biden’s immigration stance as an attempt to appeal to white, blue-collar voters in key swing states like Michigan and Wisconsin. However, echoing the Trump administration’s approach or prioritizing enforcement over enhancing legal pathways to citizenship could potentially alienate younger Latinos and progressives who have been instrumental in Democratic victories in the Southwest.
Many Mexican American and Latino activists and elected officials in states like California, Arizona, and Nevada have entered politics through immigrant-rights movements.
Charles Franklin, director of the Marquette Law School Poll, noted that respondents in Wisconsin polls tend to view former President Donald J. Trump more favorably on immigration than Mr. Biden, posing a significant challenge for the president at this stage.
Mr. Franklin suggested that the strongest argument for Mr. Biden’s tougher enforcement policies might be to reduce the importance of the issue among independents and swing voters, whose opinions are more open to persuasion.
He stated, “The percentage of Democrats who support deportation is surprisingly high, but he has a bigger faction within his party that is quite troubled by his recent actions. It is a mixed bag of gains and losses for him with these policies.”
Last week, the Trump campaign rebranded its “Latinos Trump” initiative to “Latino Americans for Trump” in an effort to appeal to Latino voters by emphasizing a unified American identity. However, some Latino historians and researchers view this as a strategic move to divide Hispanic voters, particularly those concerned about the arrival of new migrants.
The American Civil Liberties Union has indicated its intent to sue the Biden administration over the executive action limiting asylum access at the southern border.
Homeland Security Secretary Alejandro N. Mayorkas stated on Sunday that the administration is prepared to address any legal challenges to Mr. Biden’s executive action.
“I anticipate they will sue us,” Mr. Mayorkas commented on ABC’s “The Week.” “We stand by the legality of what we have done. We stand by the value proposition.”
