President Biden on Tuesday announced a sweeping immigration relief package that would allow certain undocumented immigrants who are married to U.S. citizens to stay and work legally in the country.
Biden’s latest actions expand a regularization program known as “parole,” which heavily affects military families and spouses, and he also announced new measures to make it easier for immigrants in the country illegally to apply for visas.
This latest round of immigration relief comes on the heels of an executive order by the administration last week aimed at curbing the flow of migrants across the southern border.
Here’s what you need to know about the current parole expansion.
What is Parole?
Parole allows foreign nationals who entered the United States without authorization to remain in the country for a limited period of time. It is usually granted on a case-by-case basis. U.S. Citizenship and Immigration Services.
Who is eligible?
Those eligible for the expanded parole program must have been in the U.S. for at least 10 years as of Monday and be legally married to a U.S. citizen as of that date.
They must also meet all legal requirements, including having no disqualifying criminal history and not posing a threat to national security.
According to the Department of Homeland Security, noncitizen children of applicants who may be eligible for parole may also be eligible for parole if they are “physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen.”
Those who qualify can apply for an individual review of their parole application. Those who are approved will be given three years to apply for permanent residency, during which time they will be given a three-year work permit and a deferral of deportation.
White House press secretary Karine Jean-Pierre said at a press conference that the move does not apply to people currently entering the country.
“People arriving now are not eligible. So we’ve tried to give this a scope, so to speak,” she said when asked how the administration was balancing benefits to people who may have previously violated the rules.
How many people are affected?
According to the White House, about 500,000 spouses of U.S. citizens and about 50,000 foreign children under the age of 21 could be eligible for the program.
Jean-Pierre said the average length of stay for people in the program is about 23 years.
“Those who qualify have lived here for 23 years… their spouses are married to U.S. citizens and they likely have children, some of whom were born here and are therefore U.S. citizens,” she said.
How has parole been used historically?
The policy applied primarily to military families before the expansion was announced Tuesday.
Prior to the announcement, those eligible for parole were active-duty U.S. military members, Selected Reserve Ready Members or spouses, parents or children of veterans. U.S. Citizenship and Immigration Services.
Is it a pardon?
Republicans are certainly calling it that.
Former President Donald Trump’s campaign on Tuesday called Biden’s actions a “mass amnesty” program, a term conservatives apply broadly to non-restrictive immigration policies.
An amnesty is a pardon given to someone who has violated immigration rules. Cornell University Law Institute.
Would that hold up in court?
Jean-Pierre expressed confidence that the new, expanded parole system would survive legal challenges.
“We believe that this approach, this announcement that we’re making today, is fully within our legal authority,” she said.
Alex Gangitano contributed reporting.
