President Biden Considering Far-Reaching Immigration Plan to Grant Legal Status and Path to Citizenship

The Biden administration is considering a significant move that could potentially grant temporary legal status and a pathway to American citizenship for hundreds of thousands of immigrants currently residing in the U.S. unlawfully. According to five individuals familiar with the internal discussions, the plan would provide work permits and protection from deportation to certain unauthorized immigrants through the parole authority in immigration law, particularly those with American citizen spouses. This initiative, known as "parole in place," could open the doors for beneficiaries to obtain permanent U.S. residency and eventually pursue citizenship, thus facilitating their compliance with U.S. legal regulations.

The information was disclosed by two present U.S. officials, two former officials, and a congressional official, all of whom requested anonymity to candidly discuss internal strategies. It was emphasized that the final details of this proposal are pending approval and confirmation within the Biden administration. The plan is anticipated to primarily benefit long-term undocumented immigrants who have established roots in the U.S. over many years, rather than recent arrivals.

Administration's Response

In response to inquiries, White House spokesperson Angelo Hernandez Fernandez conveyed that officials are actively exploring a range of policy options and reaffirmed their commitment to addressing the deficiencies in the immigration system.

Should this proposal be sanctioned, it is expected to encounter legal opposition. The administration has already been challenged through lawsuits by Republican state officials pertaining to their utilization of the parole authority. In addition, there are precedents indicating the complex legal landscape, including a previous Supreme Court deadlock in 2016 that prevented the Obama administration from extending work permits and deportation protections to undocumented parents of U.S. citizens and green card holders.

This initiative could potentially have a significant impact, as an estimated 11 million unauthorized immigrants currently reside in the U.S., with approximately 1.1 million of them having American citizen spouses. Not only does this plan hold potential ramifications on the immigration landscape, but it also stands to become a significant political factor for Mr. Biden, garnering support from various voter segments, including the Latino community, leading up to the upcoming November election.

Legal Adjustments and Residency Routes

If implemented, parole in place would enable unauthorized immigrants married to U.S. citizens to secure temporary work permits and legal status. More significantly, it would provide an opportunity to bypass a key regulation in U.S. immigration law that currently impedes immigrants from obtaining permanent legal status if they did not enter the country through official channels. This could particularly benefit individuals who face extended bans on re-entry if they were to leave the U.S. to pursue legal residency. Additionally, it would allow spouses of American citizens to seek permanent U.S. residency without the necessity of departing the country, leveraging the unlimited green card allocation for this category. Subsequently, after a period of lawful residency, green card holders may pursue U.S. citizenship.

Historical Context

Notably, the U.S. government has previously operated a limited-scale parole in place program for unauthorized immigrants who are immediate relatives of U.S. military members, a policy that was affirmed by Congress in 2020. This potential expansion of the parole in place initiative represents a significant and ambitious move by the Biden administration to address longstanding issues within the immigration system.