Biden Announces PIP for Undocumented Immigrants Married to U.S. Citizens

On June 18, 2024, the Biden administration unveiled a significant new policy aimed at granting temporary legal status and a potential pathway to citizenship for hundreds of thousands of undocumented immigrants married to U.S. citizens. This initiative, known as “parole in place” (PIP), is part of the Department of Homeland Security’s (DHS) broader efforts to promote family unity in immigration processes. The policy aligns with the Biden-Harris administration’s commitment to keeping families together.

Overview of the Policy

The new PIP policy allows undocumented immigrants who are married to U.S. citizens to obtain temporary work permits and legal status. It also provides a mechanism to circumvent certain legal barriers that currently prevent these individuals from obtaining permanent residency due to their illegal entry into the country. Through PIP, eligible individuals can eventually qualify for green cards and, subsequently, U.S. citizenship without needing to leave the United States.

According to the White House, this policy is expected to benefit roughly half a million spouses of U.S. citizens and around 50,000 undocumented children under 21 whose parent is married to a U.S. citizen. The majority of these individuals have been residing in the U.S. for over two decades.

Eligibility Criteria

To qualify for a discretionary grant of parole under this process, applicants must meet specific criteria:

• Presence in the United States without admission or parole
• Continuous presence in the United States for at least ten years as of June 17, 2024
• A legally valid marriage to a U.S. citizen as of June 17, 2024
• No disqualifying criminal history or threats to national security or public safety
• Demonstration of a favorable exercise of discretion by immigration officials

Additionally, DHS may consider noncitizen children of eligible individuals if they were physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of the specified date.

Application Process and Timeline

USCIS will begin accepting applications for PIP on August 19, 2024. Prior to this date, applications will not be considered. Eligible individuals are encouraged to start gathering necessary documentation, such as proof of marriage and identity, to prepare for the application process. The DHS will publish further details regarding eligibility and the application process in an upcoming Federal Register notice.

Impact and Scope

The introduction of the PIP policy has been widely praised by progressive lawmakers and immigrant advocacy groups as a crucial step toward supporting immigrant families and fostering community integration. However, the policy is expected to encounter legal challenges. Similar initiatives in the past have faced judicial pushback, including a deadlocked Supreme Court decision in 2016 that halted an Obama-era program.

Despite these potential hurdles, the Biden administration has a history of leveraging immigration parole authority to provide relief, as seen in the resettlement efforts for refugees from Afghanistan, Haiti, and Ukraine. This new PIP policy represents the most comprehensive relief for undocumented immigrants since the 1986 amnesty law that legalized 2.7 million people.

Next Steps

The DHS is expected to release detailed guidance on the PIP application process, including specific forms, filing fees, and required documentation. Interested parties should monitor the Federal Register for the official notice and begin preparations to ensure timely and accurate submissions once the program opens.

In summary, the Biden administration’s PIP policy represents a significant shift in U.S. immigration policy, offering a lifeline to undocumented immigrants married to U.S. citizens. By providing a pathway to legal status and citizenship, this initiative underscores the administration’s commitment to family unity and humane immigration reforms.

Economic and Social Impact

The new PIP policy is expected to have significant economic implications. According to recent analyses, individuals eligible for PIP already contribute approximately $13.5 billion annually to the U.S. economy through spending power. This economic contribution is expected to increase by an additional $6.6 billion annually if these individuals secure permanent residency and citizenship. The policy also enables over 325,000 undocumented spouses to work legally in industries experiencing labor shortages, such as construction and food services, thus addressing critical gaps in the workforce (American Immigration Council) (FWD.us).

Legal Framework and Eligibility Clarifications

PIP provides a pathway for undocumented spouses who entered the U.S. without inspection to adjust their status without leaving the country. This policy circumvents the immigration bars that typically prevent re-entry for individuals who have accrued unlawful presence. Additionally, the policy’s extension includes protections for certain undocumented children, expanding the scope of family reunification efforts (TexasLawHelp.org) (McBean Immigration Law).

Application Process and Future Steps

The policy will officially open for applications on August 19, 2024, with details on the application process forthcoming. It is important to note that current PIP applications, typically used for military families, are not applicable for this new initiative. Prospective applicants should wait for the release of specific forms and guidelines tailored to this new policy (TexasLawHelp.org).

Potential Legal and Social Challenges

Despite the positive reception from many advocacy groups, the PIP policy may face legal challenges. Historically, similar initiatives have encountered judicial obstacles, including a previous deadlock in the Supreme Court. The Biden administration has utilized immigration parole authority extensively, which may continue to be a contentious legal area.