You are currently viewing Biden Gives Legal Protections to Undocumented Spouses of U.S. Citizens

Biden Gives Legal Protections to Undocumented Spouses of U.S. Citizens

The new policy is one of the most significant actions to protect immigrants in years. It affects about 500,000 people who have been living in the United States for more than a decade.

President Biden on Tuesday announced sweeping new protections for hundreds of thousands of immigrants who have been living in the United States illegally for years but are married to American citizens.

Under the new policy, some 500,000 undocumented spouses will be shielded from deportation and given a pathway to citizenship and the ability to work legally in the United States. It is one of the most expansive presidential actions to protect immigrants in more than a decade.

Mr. Biden will celebrate the program during a White House ceremony on Tuesday marking the 12-year anniversary of Deferred Action for Childhood Arrivals, or DACA, which protects people who came to the United States as children from deportation.

The decision comes as Mr. Biden tries to strike a balance on one of the most dominant political issues in 2024. Aware that many Americans want tougher policies on the border, Mr. Biden just two weeks ago announced a crackdown that suspended longtime guarantees that give anyone who steps onto U.S. soil the right to seek asylum here.

Mr. Biden is also expected on Tuesday to detail separate actions that will make it easier for undocumented young people, many of them known as Dreamers, to access work visas.

Almost immediately after he issued the order to suspend asylum at the border, White House officials began privately reassuring progressives that the president would also help undocumented immigrants who had been in the nation for years, according to people familiar with the conversations, who spoke on the condition of anonymity to describe private discussions.

Tuesday’s move could help Mr. Biden address some of the blowback that his asylum restrictions elicited among members of his progressive base, who have accused the White House of betraying campaign promises to enact a more humane approach to immigrants.

The new benefits for undocumented spouses will not take effect immediately; senior Biden administration officials said they expected the program to launch by the end of the summer. Those eligible will then be able to apply for the benefits.

Marrying an American citizen generally provides a pathway to U.S. citizenship. But people who crossed the southern border illegally — rather than arriving in the country with a visa — must return to their home countries to complete the process for a green card.

That means long separations from their spouses and families. The new program allows families to remain in the country while they pursue legal status.

There are roughly 1.1 million undocumented immigrants married to U.S. citizens in the United States, according to FWD.us, an immigration advocacy group, but not all of them are eligible for the program.

To be eligible, the spouses must have lived in the United States for 10 years and been married to an American citizen as of June 17. They cannot have a criminal record. The benefits would also extend to the roughly 50,000 children of undocumented spouses who became stepchildren to American citizens.

The latest policy could help Mr. Biden in battleground swing states like Nevada, Arizona and Georgia, where more than 100,000 voters in each of those states live in “mixed status” households, according to the American Business Immigration Coalition, which represents hundreds of companies and supports the proposed policy change.