According to five individuals familiar with the internal discussions, the Biden administration is considering a significant action that could grant temporary legal status and even a possible pathway to citizenship for hundreds of thousands of immigrants currently residing in the United States without legal documentation.
According to sources, the White House is contemplating a proposal that would grant work permits and deportation protections to specific unauthorized immigrants via the immigration parole authority, provided that they are married to American citizens. This policy, referred to as “parole in place,” would not only enable beneficiaries to qualify for permanent U.S. residency, but also for citizenship by assisting them in overcoming legal obstacles in U.S. law.
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According to five officials, two of whom are currently serving in the U.S. government, while the other three are former officials or congressional officials, the information shared is confidential and they have spoken anonymously to provide insights into the internal plans. The proposed plan by the Biden administration is yet to be approved or finalized, and finer details are still under discussion.
According to insiders, the proposed strategy is aimed at providing assistance to individuals who have been residing in the United States as undocumented immigrants for extended periods, rather than those who have only recently arrived. This is expected to be particularly beneficial to individuals who have been in the country for years, if not decades.
The White House spokesperson, Angelo Hernandez Fernandez, informed CBS News that they are currently exploring various policy options and remain dedicated to taking action to address the broken immigration system.
According to reports, the administration is currently evaluating a proposal, originally disclosed by The Wall Street Journal in April, that could potentially be the latest bold step taken by President Biden to tackle immigration issues on his own, given the lack of progress in Congress on the matter. Recently, Mr. Biden utilized his executive powers to impose the strictest policy by a Democratic President, which prohibits asylum for most migrants at the U.S.-Mexico border.
The plan for parole in place has the potential to be advantageous for a considerable portion of the undocumented population in the country. Based on assessments by the federal government and research groups, it is believed that approximately 11 million unauthorized immigrants are residing in the United States. Among them, Fwd.US, an advocacy group, approximates that 1.1 million have spouses who are citizens of the U.S.
According to progressive lawmakers and advocates, the proposal would not only benefit the country, but also help Mr. Biden’s political standing by engaging voters, especially Latinos, prior to the November election. Various polls have indicated that Latino voters generally favor border security measures and initiatives that would legalize undocumented immigrants who have resided in the U.S. for an extended period of time.
Assuming approval, the plan is expected to face legal challenges. The use of the parole authority by the Biden administration has already been challenged in court by Republican state officials. Moreover, in 2016, the Obama administration’s attempt to provide work permits and deportation protections to undocumented parents of U.S. citizens and green card holders was prevented by the Supreme Court in a 4-4 deadlock.
The Biden administration has made unprecedented use of the immigration parole authority, resettling hundreds of thousands of migrants and refugees from various countries including Afghanistan, Latin America, Haiti, and Ukraine. Within the administration, there are ongoing discussions to utilize this same authority to provide immigration relief to individuals who are already present in the United States.
Unauthorized immigrants married to U.S. citizens could receive temporary work permits and legal status if granted parole in place. The significance of this lies in the fact that it could enable some of them to bypass a restriction in U.S. immigration law that bars immigrants from obtaining permanent legal status if they were neither paroled nor officially admitted into the country.
Undocumented immigrants in the United States may have to leave the country and re-enter legally in order to be eligible for a green card based on a U.S. citizen spouse’s application. However, this process can result in extended bans from re-entry into the U.S., which can discourage some individuals from pursuing this option and traveling overseas.
Undocumented spouses of American citizens may have a chance to become permanent U.S. residents through parole in place, provided they meet other requirements, without being required to leave the country. It is worth noting that unlike other categories, green cards for spouses of American citizens are unlimited. After holding a green card for several years, these individuals may apply for U.S. citizenship.
Starting from the Bush administration, the U.S. government has been running a parole in place program for undocumented immigrants who are close relatives of U.S. military personnel, albeit on a smaller scale. This policy was further solidified by Congress in 2020.
