During a week filled with intense political activities surrounding the Democratic National Convention, the Biden-Harris administration reportedly launched a new amnesty program for illegal immigrants, details of which are stirring controversy amongst critics.
The U.S. Citizenship and Immigration Services (USCIS), responsible for implementing the new initiative, has branded it as a program aimed at “Keeping Families Together.” The initiative is believed to grant parole to an estimated 500,000 noncitizen spouses and another 50,000 noncitizen stepchildren of U.S. citizens.
Under this scheme, the noncitizens present in the United States, unauthorized or without parole, may apply for parole. The definitions of admission as stipulated by the USCIS refer to acquiring legal authorization to reside in the country, be it through a green card, visa, or any other means.
“This is a massive amnesty that Congress never authorized,” stated Andrew Arthur, an immigration law expert, and a former immigration judge. Arthur expressed concern about a potential situation where “under a Harris-Walz administration, everybody in the country illegally could eventually be eligible for a process like this.”
Drawing parallels with the 2012 Deferred Action on Childhood Arrivals(DACA) program, Arthur added that removing such amnesty programs becomes a tough task, thus leaving the Republicans with a mammoth responsibility of undoing it subsequently.
A closer look at the “Keeping Families Together” project shows that eligible spouses must have been physically in the U.S. for 10 years “without admission or parole,” with no disqualifying criminal record or identified threats to public safety, national security, or border security — alongside undergoing mandatory background checks.
Similarly, noncitizen stepchildren vying for eligibility must have been under 21 years of age since the program’s announcement, possess a noncitizen parent married to a U.S. citizen, and have no disqualifying criminal history.
However, the policy does present a wildcard — applicants with a criminal record have a chance at eligibility by “demonstrating positive factors that can be considered in overcoming this presumption and showing that they warrant a favorable exercise of discretion” as per the USCIS.
The new initiative could reportedly affect the current removal proceedings, with the USCIS suggesting that illegal immigrants undergoing removal could still secure parole. They would need to show documentation that indicates “a significant public benefit or urgent humanitarian reasons” for the parole to be warranted, casting a wider net over who may avail of the new program benefits.
As debates continue to rage on, the potential amnesty program is set to face deep scrutiny and stern opposition from those critical of looser immigration regulations and procedures. Only time will reveal the impacts of this significant move, both for the administration and for those who the program aims to aid.
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