Biden’s executive action increases protections for spouses and children of non-citizen U.S. citizens

By Kate Scanlon

WASHINGTON (OSV News) — The Biden administration announced an executive action on June 18 that will allow certain spouses and children of non-citizen U.S. citizens to apply for lawful permanent residency without first having to leave the country, as was previously required.

The White House said the measure, aimed at keeping families together, will protect from deportation about half a million noncitizen spouses of U.S. citizens, as well as about 50,000 noncitizen children under the age of 21 whose parents are married to a U.S. citizen. To be eligible for the measure, the announcement said, noncitizens must have lived in the United States for at least 10 years and be legally married to a U.S. citizen, as well as meet all other relevant legal requirements.

J. Kevin Appleby, senior fellow for policy at the Center for Migration Studies in New York and former director of migration policy for the U.S. Conference of Catholic Bishops, told OSV News, “This is an important measure that will preserve and strengthen American families rather than deport and tear them apart.”

“It is also perfectly consistent with Catholic teaching in that it promotes marriage and family unity,” he said. “The only downside is that he did not extend the benefit to all immigrant families in this situation.”

Before this regulation, marriage to an American citizen could open a path to U.S. residency or citizenship. However, individuals who crossed the southern border illegally and did not arrive on a visa had to return to their home countries to complete the green card application process. Critics of this procedure argued that it separated families and discouraged them from pursuing legal action because it could lead to long separations.

The announcement came on the anniversary of the Deferred Action for Childhood Arrivals program, or DACA. It was created in 2012 under the Obama administration to provide protection from deportation to certain immigrants who came to the country as children.

Bishop Mark J. Seitz of El Paso, Texas, chairman of the U.S. Conference of Catholic Bishops’ Committee on Migration, said in a statement: “We welcome today’s announcement and the hope it brings to thousands of American families who have struggled with the fear of separation for over a decade.”

“As we mark the twelfth anniversary of DACA, we have seen the positive impact such programs can have, not only for the beneficiaries themselves, but also for the families, employers and communities that depend on them. This new program will surely bring similar benefits,” said Bishop Seitz.

“But with the fate of DACA at stake, we also know how inadequate these programs are,” he continued. “Legislators have a moral and patriotic duty to improve our legal immigration system, including opportunities for family reunification and preservation. A society is only as strong as its families, and family unity is a fundamental right. For the good of the country, Congress must find a way to overcome partisan divisions and pass immigration reform that includes a deserving legalization program for long-time undocumented residents.”

Biden’s election-year move could save hundreds of thousands of people from deportation and could appeal to voters in key swing states such as Arizona and Nevada, where many so-called “mixed” households live. The move is also a peace offering to the president’s progressive critics who protested his June 4 executive order aimed at reducing unauthorized border crossings by asylum seekers.

Karoline Leavitt, national press secretary for the Trump campaign, argued that Biden’s order would “grant mass amnesty and citizenship to hundreds of thousands of illegal immigrants who he knows will ultimately vote for him and the Open Border Democrat Party.”

But Anna Gallagher, executive director of the Catholic Legal Immigration Network Inc. (CLINIC), said in a statement: “These measures are a breath of fresh air and give hope to many of our immigrant brothers and sisters.”

“We welcome these measures, knowing the tremendous impact they will have on our network’s clients,” Gallagher said. “Catholic social teaching supports policies that promote family unity and recognize the family as the most important building block of society. The Church has consistently advocated for DACA recipients, who are critical to our community. These measures are consistent with the values ​​of our faith and will provide welcome relief to immigrant families.”

Gallagher reiterated her group’s opposition to Biden’s previous order restricting asylum.

“While we celebrate these victories for immigrant families, we are mindful of recent executive orders that limit access to asylum,” Gallagher said. “We advocate and pray for policies that recognize the dignity of all people, regardless of status. Strong asylum protections are essential to protecting human dignity and promoting family unity. We call on the administration to vigorously advocate for the rights of all immigrants.”

The government had previously implemented so-called “parole in place” measures for other population groups, including the families of military personnel, giving non-citizens the opportunity to temporarily live and work in the United States without the risk of deportation.