Recent Immigration News: “Parole in Place” Policy by the Biden Administration

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On June 18, 2024, U.S. President Joe Biden announced a new immigration policy known as “Parole in Place.” This program is targeted at certain spouses of U.S. citizens who might now have otherwise been eligible for a green card. It is a welcome set of U.S. immigration updates that should help to keep families together. 

Some spouses of U.S. citizens struggle to gain citizenship in America. The “Parole in Place” policy allows these individuals to receive temporary protections and work permits in the United States and may even allow some people to apply for lawful permanent resident status through their spouses – all without risking the years of separation that sometimes come with these tedious bureaucratic proceedings. 

In this article, we will break down the Parole in Place policy with a focus on the benefits of Parole in Place, how to apply, and Parole in Place eligibility. Let’s dive in… 

Understanding Parole in Place

The Biden administration’s new Parole in Place policy is aimed at helping keep families together. It is a major shakeup from previous iterations of U.S. immigration law, as it creates a more accessible path for those who entered the United States “without inspection” to achieve permanent residency due to their marital status. 

What does that mean? Well, let’s break it down. Entering the U.S. “without inspection” means that, for instance, a person might have crossed the United States/Mexico border without permission or prior approval. Technically speaking, those individuals are not allowed to be residing and working in the U.S. – and they cannot get a green card due to not following the typical processes of entering America legally. 

Now, with the recent Parole in Place policy, these individuals do not have to live in fear of deportation and can access a legal pathway to citizenship down the road. Of course, “Parole in Place” is not to be confused with other types of parole (for instance, from prison) or temporary protected status. 

Key Details of the Policy

So what is Parole in Place all about? In terms of Parole in Place eligibility, the policy is meant to benefit about half a million spouses of U.S. citizens to apply for legal permanent residency. It is important to note that not all of the key details of this law have been released yet and applications are not currently open. However, understanding the key details of Parole in Place eligibility and the overall policy is a great way to prepare for when it officially launches. 

Under the Biden administration’s Immigration and Nationality Act (INA), Parole in Place can be granted for “urgent humanitarian reasons of significant public benefit.” According to the new policy, Parole in Place applications will be reviewed on a case-by-case basis. 

If approved, spouses who receive protection via Parole in Place eligibility will be allowed to work in the U.S for three years and will be able to apply for a green card without returning to their home country. Previously, this was not the case. 

Although applications are not open yet, here are some specifications about Parole in Place eligibility. Undocumented individuals could be eligible for Parole in Place if…

• They have lived in the United States for at least ten years as of June 17, 2024. This means the person must have immigrated to the U.S. on June 17, 2014 or earlier. 
• They are married to a U.S. citizen. 
• They satisfy all other “applicable legal requirements.” 

Impact on Immigrant Families

For immigrant families, the benefits of Parole in Place are innumerable. First and foremost, this legislation is expected to play a big role in helping to keep families together. Why? Because it can offer protection from deportation for spouses of U.S. citizens who have been living in the United States for ten years or more. 

As an example, consider a family with a U.S. citizen mother, two children, and a father who is not a U.S. citizen. Perhaps the father, who is from Mexico, is undocumented. He has been living and working in the United States for more than a decade – his family pays taxes, enjoys access to public education, and are active and responsible members of society. 

However, this family always has the fear of deportation hanging over their heads. The children are advised to be careful talking about their father’s immigration status at school. The mother worries about raising her children alone, on one income, should her husband be deported. This is where the benefits of Parole in Place come in. 

With the new Parole in Place Policy, the father in this example would be eligible to apply for the benefits of Parole in Place. If his application was approved, he would be able to apply for a green card without going back to Mexico, where he might be detained for years, separated from his family, before reentering the U.S. 

Political and Social Reactions

The new Biden administration immigration policy has been met with a variety of different reactions across the political spectrum. When he announced the policy on June 18, 2024, this is what Biden had to say about it: 

“These couples have been raising families, sending their kids to church and school, paying taxes, contributing to our country for every — for 10 years or more — matter of fact, the average time they’ve spent here is 23 years, the people we’re affecting today — but living in the United States all this time with a fear and uncertainty. We can fix that, and that’s what I’m going to do today: fix it.”

However, some individuals disagree about the Biden administration immigration policy, seeing it as an overextension of executive power. For instance, immigration expert Andrew R. Arthur, as quoted in D.C. newspaper The Hill, says this: 

It is “firmly imbedded in the legislative and judicial tissues of our body politic that Congress gets to decide how many new aliens can come here….The Biden administration [is] running its own alternative immigration program using its extremely narrow parole power — completely divorced from congressional limits, and thus from the say of the American people.” 

In other words, this Biden administration immigration policy may be challenged by the courts. But overall, the induction of this policy is good news for undocumented individuals who are married to U.S. citizens.   

Comparison With Previous Policies

Immigration reform in 2024 has made big strides with Parole in Place policy. Under this legislation, undocumented people who are married to U.S. citizens and living in the U.S. no longer have to return to their home countries before initiating the process of gaining a visa. Instead, they can remain with their families in the United States during the process of applying for legal permanent resident status.

What would have happened before Parole in Place? Previously, these individuals would not have been allowed to apply for legal permanent residency (also called adjustment of status) while inside the U.S. – they would have had to leave the country, triggering a three-year or ten-year unlawful presence grounds of inadmissibility. 

If the person had been in the U.S. for over six months but less than one year unlawfully, there was a three-year delay in being able to apply for permanent residency. If they had been in the U.S. for more than one year during a single stay, there would be a ten-year delay. 

Imagine being separated from your family for ten years, awaiting the ability to apply to return! It’s no wonder this was not a popular option and many undocumented individuals continued living in the U.S. under the radar. With Parole in Place, there is a better option to legalize one’s presence in the United States and even eventually pursue citizenship. 

Steps for Applying

The Parole in Place application process has not yet been announced, and applications are not yet being accepted. President Biden has shared that the application pool is intended to open up later this summer, meaning that it should probably be coming soon. 

Given the Parole in Place eligibility requirements, however, expect to show documentation proving a legal marriage as well as ten years of residency in the U.S. in order to submit necessary proof with your application. We hope to have more information about the Parole in Place application process soon. 

Conclusion

With the Biden administration’s Parole in Place policy, it is safe to say that the current administration offers a favorable outlook to immigrants and undocumented individuals living in America. While the Parole in Place application pool has yet to be opened, it is expected to open up later this year, giving many individuals a chance to cement their place with their families in the U.S. 

For anyone looking to learn more about the latest immigration news and processes, don’t hesitate to reach out to our team at Consulta Immigration. We are always here to help!