Biden’s executive action on undocumented immigrants: impact on NJ
DACA recipient hopes for pressure from Congress to find a permanent solution
Isela Estefany Coyotecatl Ricoy came here from Mexico at age 2. She is a DACA recipient and hopes Congress will find a permanent solution.
Immigration activists in New Jersey welcome President Joe Biden’s announcement that an executive order will allow spouses of undocumented U.S. citizens to apply for permanent residency and subsequent citizenship and will speed up the work visa process for DACA recipients.
Biden officially announced the measure Tuesday afternoon during a White House ceremony marking the 12th anniversary of the Deferred Action for Childhood program. The program was created in 2012 when Biden was vice president under then-President Barack Obama to provide protection from deportation and access to work permits to illegal immigrants brought to the country as children – a group often referred to as “Dreamers.”
The Biden administration’s measure would affect 500,000 noncitizens who have lived in the United States for 10 or more years and are legally married to a U.S. citizen, as well as 50,000 noncitizen children, starting Monday, according to the White House website. Spouses without legal status who are found eligible to apply for permanent residency based on a Department of Homeland Security assessment that includes a criminal background check will have three years to apply for a green card.
“The reason is simple: It is about reaffirming the American principle that we should keep families together,” Biden said.
Biden also announced that the State Department and the Department of Homeland Security will work together to expedite the work visa process for DACA recipients who have graduated from an accredited U.S. institution of higher education and received a job offer in a field related to their field of study.
Rey Amaya, a DACA recipient and member of the immigrant group Make the Road New Jersey, which has fought for years to protect illegal immigrants, welcomed the Biden administration’s actions in a statement released through Make the Road NJ. Amaya was brought to the United States from El Salvador by his parents in 2005 at the age of 4 and grew up in Elizabeth.
“Today’s announcement by President Biden means I can finally feel safe, free and protected. I have lived in the United States since I was a child, studied here, graduated here, and now work here as an engineer. Today’s announcement means I can finally breathe freely,” said Amaya. “This momentous victory is the result of years of organizing efforts by undocumented immigrants. On behalf of the members of Make the Road New Jersey, I applaud President Biden and call for further action to ensure that all immigrants have the freedom to stay.”
According to the Department of Homeland Security, there are 528,000 DACA recipients living in the U.S., including 12,810 in New Jersey. But immigration activists estimate the number could be as high as 16,500. The U.S. Census’ American Community Survey lists 11,000 eligible undocumented U.S. citizens married to a U.S. citizen.
Related: In New Jersey, immigrants are more likely to be employed than natives, according to a report
Measures long overdue
Erik Cruz Morales, policy and advocacy manager for the New Jersey Alliance for Immigrant Justice, said the group welcomes the Biden administration’s actions to provide a path to citizenship for undocumented spouses, making their naturalization process easier.
“The executive order signed by President Biden is a step forward. It has the potential to provide a path to citizenship for many people from mixed-status families and the Dreamers who came to this country at a young age and have lived here their entire lives,” Cruz Morales said.
But Cruz Morales, a resident of Cedar Grove, expressed skepticism about the announcement, citing both his status as a DACA recipient — he came to the U.S. from Mexico at age eight — and the fact that he is an undocumented spouse who is already at the end of another process, called the consular process, to obtain legal citizenship.
The process involves applying for a green card at a U.S. embassy or consulate abroad, for an interview, and for an immigration officer to determine eligibility. For Morales, that means leaving the U.S. and returning to Mexico.
“However, this is a step the president could and should have taken much earlier in his term. From my experience as an immigrant and advocate, I can’t help but believe this measure is just anticipation of the upcoming presidential election,” said Cruz Morales, who grew up in Teaneck. “We hope the implementation of this program is efficient and quick so that people can benefit from this executive order as soon as possible, but we also urge the Biden administration and Congress to work on immigration policy that is detached from the polarization of election cycles.”
Biden’s announcement came weeks after he announced an executive order giving U.S. Customs and Border Protection the authority to deport asylum seekers without reviewing their claims if at least 2,500 people are apprehended at border crossings. Immigration activists derided the decision.
Liseth Bermudes of North Arlington was also grateful for Biden’s action as the wife of an undocumented U.S. citizen; it will help her gain citizenship at a difficult time for her family. Her father, Oscar, a truck driver who has lived in Kearny for 20 years after coming from El Salvador, faces deportation this week after his truck was stopped at a Customs and Border Protection checkpoint in upstate New York in June 2023.
“I have been married to my husband, who is a U.S. citizen, for almost five years and have not been able to change my immigration status,” Bermudes said. “While I feel some sense of relief that I am eligible for this program, it does not protect my father, who has a check-in with ICE this Thursday. We must not forget that detentions and deportations are still happening.”
Ricardo Kaulessar covers race, immigration and culture for NorthJersey.com. For unlimited access to the most important news in your local community, subscribe or activate your digital account today.
Email: [email protected]
Twitter: @ricardokaul
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