President Biden on Tuesday announced sweeping new protections for millions of immigrants who have lived illegally in the United States for years but are married to American citizens.
Under the new policy, nearly 500,000 illegal spouses will be protected from deportation and offered citizenship and the ability to work legally in the United States. This is one of the most sweeping actions taken by the president to protect immigrants in more than a decade.
Mr. Biden will celebrate the event during a ceremony at the White House on Tuesday, marking the 12th anniversary of Deferred Action for Childhood Arrivals, or DACA, which protects people who came to the United States as children from deportation.
The decision comes as Mr. Biden attempts to strike a balance on one of the most pressing political issues in 2024. Knowing that many Americans want tougher policies at the border, Mr. Biden announced a drastic action just two weeks ago that suspended longstanding guarantees that gave anyone who set foot on American soil the right to seek asylum here.
On Tuesday, Mr. Biden is also expected to detail separate actions that would make it easier for undocumented young people, many of whom are known as Dreamers, to obtain work visas.
Almost immediately after the order was issued, White House officials began privately reassuring progressives that the president would also help illegal immigrants who have been in the country for years, according to people familiar with the conversations who spoke on the condition of anonymity to describe the private discussions.
Tuesday’s move could help Mr. Biden address some of the resentment his asylum restrictions have generated among his progressive supporters, who have accused the White House of betraying campaign promises to take a more humane approach to immigrants.
The new benefits for undocumented spouses won't take effect immediately; senior Biden administration officials said they expect the program to begin by the end of the summer. Eligible people will be able to apply for benefits then.
Marrying a U.S. citizen typically opens a path to U.S. citizenship. But those who cross the southern border illegally — rather than coming into the country with a visa — must return to their home country to complete the green card process.
This means they will have to live away from their spouses and family for long periods of time. Under the new program, families are allowed to stay in the country until they gain legal status.
To be eligible, spouses must have lived in the United States for 10 years and be married to a U.S. citizen as of June 17. They must not have a criminal record. The benefit will also extend to about 50,000 undocumented children who have become stepchildren of U.S. citizens.
The latest policy could help Mr. Biden in battleground states such as Nevada, Arizona and Georgia, where more than 100,000 voters in each of those states live in “mixed status” households, according to the American Business Immigration Coalition, which represents hundreds of companies and supports the proposed policy change.
“It’s the right thing to do and it’s the smart thing to do,” said Senator Catherine Cortez Masto, a Democrat from Nevada, adding that Mr. Biden’s action would boost the economy in her state. “The road to the White House goes through Nevada and the people of my state are paying attention.”
Mr. Biden is relying on a program called “parole in place,” which has been used for other populations, such as the families of military members. This status gives non-citizens the ability to temporarily live and work in the United States without fear of deportation.
In the days before the announcement, some allies of former President Donald J. Trump used the policy to accuse Mr. Biden of being weak on border security. Stephen Miller, the architect of Mr. Trump’s anti-immigration policy, said on social media on Monday, “This is an assault on democracy.”
One of the people directly affected by this change is Ashley DeZevedo, head of American Families United, whose husband is undocumented. Her group supports mixed-status families like hers. The couple has been married for more than a decade and has an 11-year-old child.
“It will be a huge change to not have to worry about being separated because right now technically he could be removed,” she said. “There's always that worry if he gets detained or something like that. It could be devastating for our family.”
While some Democrats praised Mr. Biden’s new policy for undocumented spouses, many immigration advocates are concerned about the longevity of the original program, which the White House will celebrate on Tuesday.
Since President Barack Obama created DACA in 2012, it has benefited millions of young adults, helping them get jobs and live without fear of deportation.
But DACA has been closed to new applicants since 2017, when Mr. Trump attempted to end the program. It is embroiled in litigation, and its long-term survival is in question, even if it was revived for existing beneficiaries. DACA participants are now in their mid-30s on average.
“Recipients who were once afraid of their parents being deported are now parents afraid of being deported,” said Bruna Bohid-Solod, senior political director at United We Dream Action, an advocacy group for DACA recipients.
Mr. Biden appeared intent on allaying those fears with an upcoming policy that would simplify the process for Dreamers to be sponsored for a work visa by their employer, and eventually ease the path to a green card. The administration is expected to release guidelines in the coming days that would benefit both current DACA recipients and others who have been left out of the program since Mr. Trump was in office.
“That’s been a huge fear for me that DACA could end,” said Monica Sandoval, 32, an emergency room nurse in Columbus, Indiana, who enrolled in the program shortly after it was unveiled.
Ms. Sandoval has renewed every two years, which has allowed her to keep her job and her nursing license.
He hoped the new process would allow his employer, a regional hospital, to sponsor him for a work visa and then a green card.
“This would be life-changing for me,” said Ms. Sandoval, who was brought to the United States at age 12 and is the mother of two young children. “This would give me and my children security, and make sure I can do the work I love to do.”