Breaking News: Biden expected to announce protections for certain undocumented immigrants

Reports have been circulating for months that President Biden will announce at least one major initiative to help protect undocumented individuals, to date, these changes have been considered only rumors. Now, on June 13, 2024, several news agencies have taken this information and made it public news.

First, on June 13th, PBS announced that President Joe Biden is expected to introduce a new executive action as early as Tuesday, June 18, 2024, including Parole-in-Place (PiP) for the spouses of U.S. citizens. This executive order will have the effect of shielding certain undocumented immigrants living in the U.S. from deportation. Second, in a June 13th article, the Associated Press claims that there is a Biden plan to “shield spouses of U.S. citizens without legal status from deportation”, who have “long-standing ties in the United States”. Finally, on June 10th, NBC News released an article whereby Biden is “considering a plan to protect from deportation and undocumented immigrants who are spouses of U.S. citizens and give them access to work permits.

All three articles talk about the effect of this policy, which includes work permits and the ability to apply for permanent residency and ultimately citizenship. The action is expected to protect undocumented spouses of U.S. citizens from deportation and allow them to work legally in the country.

Under INA § 212(d)(5)(A), the Department of Homeland Security has the discretion, on a case-by-case basis, to “parole” for “urgent humanitarian reasons or significant public benefit” an alien applying for admission to the United States. Although it is most frequently used to permit an alien who is outside the United States to come into U.S. territory, parole may also be granted to aliens who are already physically present in the U.S. without inspection or admission. This latter use of parole is called “parole in place” (“PiP”), which is what the rumoured policy will entail. Currently, there is PiP for military members and their families, which been used for several years. Under the Military PiP, USCIS does not adjudicate military PiP requests for foreign nationals in proceedings or foreign nationals with an outstanding final order of removal. Instead, foreign nationals with final orders of removal may ask ICE to join in a motion to reopen and terminate proceedings (purely discretionary and not mandatory) based on eligibility for military PIP. Once proceedings have been terminated, the foreign national can apply for military PIP with USCIS.

Latino lawmakers and immigrant advocates have also encouraged the White House to consider similar protections and work permits for undocumented caregivers and farm workers living in the U.S.

The new law is expected to shield 700,000 to one million undocumented immigrants who are married to U.S. citizens. PiP give spouses protections, allowing them to adjust their status without having to leave the country, making it possible for them to receive a work permit and a green card.

This alert is for informational purposes only. If you or your family members have any questions about the potential Parole in Place Program, please do not hesitate to contact us at The Poonah Immigration Law Firm. You can reach us by emailing info@poonahimmigrationlaw.com or by calling us at 678-978-5848. We also invite you to visit our website at www.poonahimmigrationlaw.com for more information.