Biden begins legalizing half a million undocumented immigrants

The end of the long road to permanent residency and citizenship appears to be in sight for more than half a million undocumented immigrants in the U.S. With almost three months to go before the November presidential election, the Biden administration has once again moved one of the pieces on the immigration chessboard with a new program that will benefit thousands of people who have been without legal status for at least 10 years. It is, according to officials, part of President Biden’s commitment to promote family unity in the immigration system.

Announced in June, the Parole in Place program, also known as Keeping Families Together, will not only allow thousands of migrants to receive work permits; it will also allow them to apply for their permanent residency or green card without having to leave the country, through the online form I-131F, at a cost of $580. Applications began to roll in on August 19 to the U.S. Citizenship and Immigration Services (USCIS).

“Parole in Place is a wonderful initiative, aimed at those people who have been in the United States illegally for more than 10 years, and who entered the country before June 2014,” Immigration attorney Willy Allen told EL PAÍS. “The main benefit is going to be for Mexicans.” The government’s own statistics say that, among the people who qualify, 60% are Mexican, 20% Central Americans from Nicaragua, Honduras, Guatemala, and El Salvador, and the rest from other parts of Latin America.

According to official figures, the program will benefit about 500,000 non-citizen spouses of U.S. citizens and about 50,000 stepchildren residing in the country. The Department of Homeland Security (DHS) specified that the program was for spouses and unmarried stepchildren who are aged under 21, who entered the country irregularly, and who have remained at least 10 years until June 17, 2024; who do not have a criminal record that constitutes a threat to the national or public security of the country; and, in the case of spouses, who are in a legally valid marriage to a U.S. citizen.

The federal agency said that if a person is in removal proceedings or has a deportation order, they may still qualify for parole. It also stated that each application will be analyzed “on a case-by-case basis” and will determine whether granting leave, albeit temporarily, to remain in the country is justified by reasons of significant public benefit or urgent humanitarian reasons, and whether it merits a favorable exercise of discretion.

A week prior to the application date, many people began to receive alerts via text message or email about the new program that has revived hope in those who have been in an irregular situation for years and could face deportation. It also lifts uncertainty for undocumented immigrants who apply for an I-601A waiver, which forces them to leave the country to complete their consular procedures for indefinite periods of time, keeping them separated from their families. “That process, which used to be quite fast, has been very slow since Covid,” Allen says. “It now takes 46 to 48 months to be able to return to the country. This new program is going to alleviate that.” It also exempts migrants from the so-called Punishment Act, which bans them for three to 10 years if they have left the country illegally for a certain period.

The scheme, which has been received with enthusiasm, also comes with a degree of uncertainty for beneficiaries, who believe that the results of the upcoming elections could roll back the program, particularly as Donald Trump has promised to enact the largest deportation in U.S. history if he returns to the White House.

“The future is in November”

Certainly, “the future for immigrants, for the undocumented, is in November,” says Allen. The results of the presidential election will determine what the immigration policy map looks like. A candidate like Trump could eliminate these types of programs. Or not, as the case may be.

“Trump never eliminated the provisional pardon that began with Barack Obama, and continued during Trump’s and Joe Biden’s administrations,” Allen adds. “If the Republican candidate wins, many things could happen — the humanitarian parole for Nicaraguans, Venezuelans, Cubans and Haitians could disappear. We must remember that 19 Republican governors have been trying to eliminate it. I suspect that Parole in Place could also be eliminated, just as TPS (Temporary Protected Status) for Nicaraguans, Salvadorans, Hondurans, and Venezuelans is under threat.”

Neither in the first presidential debate nor in his campaign speeches has Trump disguised his intention to intensify anti-immigrant policies in the country. During one of his last rallies, he branded Democratic candidate Kamala Harris the “border czar” and the one responsible for the fact that “illegal aliens are coming in by the millions.” He also promised that migrants would be removed from the country if he got a second term and repeated his mantra: “We’re going to get them out as fast as we can. We’re going to do the biggest deportation.”

For his part, Biden continues to implement programs such as Parole in Place, which could win the Democrats votes, while strengthening controls at the southern border. In June, he boasted that it was the month with the fewest arrests of migrants at the border since his arrival at the White House, and that 40% fewer people are arriving illegally into the country due to restrictive policies that have been strongly criticized by activists, and that have also contributed to the increase in deaths of migrants who risk highly dangerous journeys to reach the U.S.

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