Biden's New Immigration Order: Key Facts for Families

 Posted on July 19,2024 in Immigration

The Biden administration recently announced a new executive order aimed at protecting undocumented spouses and children of U.S. citizens from deportation. This policy shift has significant implications for many immigrant families. A United States lawyer can explain what you need to know about this important development in immigration policy.

Scope and Impact

The new program is expected to benefit approximately 500,000 unauthorized immigrants. While this number may seem large, it represents only a fraction of the estimated 11 million unauthorized immigrants in the United States. To put this in perspective:

• The program is more minor in scope than the Deferred Action for Childhood Arrivals (DACA) program, which benefited over 700,000 individuals.
• The Immigration Reform and Control Act of 1986 had a significantly broader reach, impacting nearly four million immigrants.

Eligibility Criteria

To qualify for protection under this new executive order, individuals must meet specific criteria:

• Be married to a U.S. citizen
• The marriage must have existed before June 17, 2024
• Have been present in the U.S. for at least ten years
• Have no significant criminal record

These requirements significantly limit the eligible population, focusing the program on family unity rather than broad-scale immigration reform.

Comparison to Previous Policies

While critics have labeled this program as "mass amnesty," it is important to understand its context within existing immigration policies:

• A similar, smaller version of this program has existed for military families for a decade.

• Unlike DACA, which does not provide a pathway to citizenship, this new program does offer such a pathway for eligible individuals.

• The program is more targeted than previous large-scale amnesties, such as the Reagan-era Immigration Reform and Control Act of 1986.

Policy Implications

This executive order reflects a complex balancing act in immigration policy. It aims to prevent family separation and support immigrant integration, recognizing immigrants' economic contributions by potentially allowing more individuals to work legally and contribute to social programs. However, it is important to note that this policy comes in the wake of stricter border measures, including a controversial asylum ban. The administration appears to be navigating a delicate balance between addressing humanitarian concerns for established immigrant families and maintaining a stance on border control.

Contact a United States Immigration Attorney

As with any significant policy change, implementing this executive order will likely face legal challenges. The specific details of the program, including how minor criminal offenses might affect eligibility, have yet to be fully clarified.

Immigration law can be confusing and ever-changing. If you believe you or a family member may be eligible for safety under this new executive order, seek professional legal advice from a United States immigration lawyer. Call Abogado de Inmigración at 844-464-4727 for a free consultation to help you understand your rights and options under this new policy.