Biden’s measures against undocumented spouses give Michigan couple new hope

When Lilia and Jose Reyes started dating five years ago, they knew it wouldn’t be easy to keep their family together.

Jose is originally from Mexico, has no papers, and has lived in the United States since he was 15. Although Jose is married to Lilia, a U.S. citizen, he was unable to apply for legal residency because he entered the United States without authorization.

“I’m more at risk of deportation because if they just ask me for my papers, they will automatically arrest me if I don’t show them,” he said. “And I can’t get that out of my head.”

Living without a legal permit has affected many aspects of the Battle Creek couple’s lives, including whether Jose can legally adopt his two stepdaughters.

“Right now, I’m their father, no matter what,” Jose added. “They consider me their real father, but right now it’s a little more complicated because of my situation.”

Currently, Jose is the primary breadwinner of the household and works full-time as a construction manager so Lilia can stay home and care for one of their daughters, who has a learning disability. Because he does not have legal status, Jose fears that accompanying his wife to their daughter’s medical appointments could put his job at risk.

“Sometimes I take a day off to take her to her appointments, but then I’m afraid that when I come back they’ll tell me, ‘You know what? We don’t have a job for you anymore because you stay home from work every time you have to take your daughter, and that’s not our problem,'” Jose said.

Lilia says she bears the burden of having to be the main contact for the family’s official affairs.

“My husband helps me a lot, but I have to fill out all the paperwork and sometimes I hold back because it’s a bit overwhelming,” Lilia said.

A recent decision by the White House has given the Reyes family some hope.

Last week, President Joe Biden issued an executive order granting immigrants like Jose legal status without having to leave the country.

Currently, immigrants who enter the United States illegally must apply for a waiver from the government and undergo an interview with a consular officer outside the United States if they wish to obtain legal status. The process is not guaranteed and can sometimes result in mixed-status families being separated.

Biden’s executive actions would create a path for undocumented immigrants married to a U.S. citizen to qualify for a green card and later for U.S. citizenship.

“People who have been here for a long time, who already have ties in the community and are contributing to the community, who may have children who are U.S. citizens and are trying to legalize the U.S. but have been prevented from doing so because of the nature of their entry,” said Veronica Thronson, director of the Immigration Law Clinic at Michigan State University School of Law.

Illegal immigrants must pass a criminal background check and prove they have lived in the U.S. for at least 10 years to obtain legal residency status under Biden’s executive order, which is set to take effect by the end of the summer.

Meanwhile, Lilia Reyes continues to hope that her husband Jose will obtain a legal marriage by the end of the year, giving them the stability they have longed for since their marriage.