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Undocumented spouses, Dreamers and expanded TPS: Biden considers an order that would include permanent protections for some undocumented immigrants

Undocumented spouses, Dreamers and expanded TPS: Biden considers an order that would include permanent protections for some undocumented immigrants

President Joe Biden is preparing to use his executive powers again, this time to issue A new immigration rule that provides benefits to the hundreds of thousands of undocumented immigrants living in the United StatesSome for decades.

An executive order finalized by the White House includes a plan ‘In place of parole’ (PIP), which would facilitate protection from deportation, employment authorization, and adjustment of status in the United States for specific groups or categories of undocumented immigrants.

At least four sources familiar with the White House’s plans confirmed this Thursday that since at least January, the Biden administration has been in close contact with immigrant rights organizations to learn about the community’s needs and respond administratively to congressional inaction on the immigration issue.

In a letter Biden sent in late January to some leaders of immigrant advocacy organizations — and accessed by Univision Notices — the president told them he defined “me” as having an immigration organization. His administration was in a “difficult situation without an easy solution”.

Five months after that letter, Biden is preparing to announce it ‘in lieu of parole’, Two weeks after the signing of another executive order — on June 3 — it included tighter restrictions on asylum for foreigners who arrived at the border between border ports and did not have a legal reason to stay in the country. The ban also includes deportation and up to five years in prison without being able to enter the United States.

“He was trying to fix the boundary and we didn’t like what he was doing,” one of the sources said. “We believe the new order will deliver the benefits we expect.”

Details about ‘in lieu of parole’

Biden will announce the executive order next week, according to sources Authorizes PIP, which includes deportation protection and employment authorization (EAD) for undocumented spouses of at least 1.1 million U.S. citizens.

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Pros add to it A certain group of people who have been in the US for some time can adjust their immigration status Or, if they have to leave for consular processing, the so-called Penalty Act (or 10-year rule) will temporarily block them so they can return to obtain permanent legal residency. (Green Card).

The sources also noted that it was mentioned in conversations with the White House Same security as specified Dreamers and expedite their travel permits. Upon return, they can register legal entry into the country, which opens the door to adjusting their immigration status and becoming eligible for residency.

The order includes the final benefit considered Extension of TPS to Haiti and Venezuela; And so large numbers of undocumented immigrants from those countries would be protected from deportation.

To qualify for these benefits, the Department of Homeland Security (DHS) must issue regulations for each of them and determine enrollment dates (when they must prove they are physically present in the United States). They must have no criminal record, have paid taxes, and other requirements will be known later.

Notification date of ‘In place of parole’

Four sources consulted by Univision Noticias obtained an email invitation sent by the White House to attend an event next week on DACA’s 12 years and signed by the president and his wife.

Angelica Salas, executive director of the Coalition for Human Rights, said, “Since coming to the White House, especially after the impasse on immigration reform in Congress in March 2021, we have been calling on President Biden to use his executive authority to protect Immigrants in Los Angeles (CHIRLA).

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“American citizens married to undocumented immigrants have been waiting years for a permanent settlement. We need positive executive orders like June 3, not negative ones,” he said.

“We are confident and happy that President Biden is considering real protections for hundreds of thousands of American families, including the 1.1 million undocumented spouses of US citizens. Dreamers” said Andrea Flores, vice president of immigration policy at FWD.us, an advocacy group comprised of leaders in the tech community.

“By removing barriers that prevent spouses from staying with their families, the president can fulfill his promise to protect victims of outdated immigration laws,” he said.

FDW.us said, “We urge President Biden to act with courage and confidence knowing that Americans across the political spectrum support these responsible protections for the people who have lived in our communities and contributed to our country.”

Previous announcements

A newspaper article on Monday The New York Times Biden revealed that he is considering “protecting from deportation” more than one million undocumented citizens.

Pressure mounted on the government after it failed in the Senate in February and May to approve a $14 billion emergency border budget that would include the creation of 2,400 border agents, 4,300 asylum agents and 100 immigration courts.

The bipartisan plan also left the door open to protect certain categories of undocumented immigrants from deportation, including undocumented spouses and Dreamers of citizens covered by DACA.

“They already have 50% by virtue of being spouses of US citizens “Green Card”says Alex Galvez, an immigration attorney in Los Angeles, California. “By order of the President, many of the beneficiaries of this action will be able to submit applications for adjustment of status pursuant to section 245(a) of the Immigration Act.”

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He noted that upon becoming permanent residents, the benefit requested through Form N-400 from the Office of Citizenship and Immigration Services (USCIS) requires a five-year wait to qualify for citizenship.

Section 245 of the Immigration and Nationality Act (INA) allows certain noncitizens physically present in the United States to change their status to permanent resident (LPR). Most applicants file adjustment of status applications pursuant to INA 245(a).

Conservatives criticize Biden’s plans

While the details of Biden’s new immigration executive order are not yet known, sources close to the White House indicated that the move will be challenged in the courts, as the American Civil Liberties Union (ACLU) filed a lawsuit on Wednesday. In the District of Columbia Court, an order restricting asylum at the Mexico border.

“But this time it will be sued by Republican states, led by Texas, just as they did with DACA, which a court in that state declared illegal in September of last year,” said Democratic analyst Jose Parra.

A legal precedent set by a 2016 Supreme Court ruling has been overlooked, barring work permits and deportation protections for about 5 million undocumented parents of lawful permanent residents or citizens. Americans under a program called DAPA.

In turn, the Center for Immigration Studies (CIS) described its use a few days ago ‘In place of parole’ By Biden, after press reports that he would do so, as a solution to finding “a problem” that would repeal a series of immigration regulations mandated by Congress.

CIS added that if the Biden administration uses the benefit, “approximately 1.1 million illegal aliens married to U.S. citizens will be granted de facto amnesty.”