DHS Rule Change Could Impact Hundreds of Thousands of Undocumented Spouses

In a significant move towards immigration reform, the Department of Homeland Security has enabled 550,000 undocumented spouses of U.S. citizens to legally remain in the country.

At a Glance

DHS announced actions to promote family unity in the immigration process.
The initiative aligns with the Biden-Harris Administration’s commitment to keeping families together.
Current laws require noncitizens married to U.S. citizens to leave the U.S. to apply for lawful permanent residence, causing prolonged separation.
DHS will establish a new process allowing certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without leaving the U.S.
Approximately 500,000 noncitizen spouses and 50,000 children could be eligible.

New Rule Promotes Family Unity

The Department of Homeland Security (DHS) recently announced a new rule designed to keep families together by allowing approximately 550,000 undocumented spouses of U.S. citizens to legally stay in the United States. The new policy seeks to alleviate the challenges faced by mixed-status families, ensuring greater family stability and unity.

According to a fact sheet released by the DHS, this new process will allow certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence within the U.S. borders, avoiding the need for prolonged separation that current laws often necessitate.

Current legislation requires noncitizens married to U.S. citizens to exit the country and apply for lawful permanent residence from abroad. This time-consuming procedure has caused extended separations for many families. The new rule aims to rectify this by establishing a process for spouses to secure permanent residency without leaving the U.S.

A new program could allow hundreds of thousands of undocumented immigrants, including DACA recipients, to become legal U.S. residents.

The White House says it would apply to about 500,000 unauthorized immigrants who are living in the U.S. and are married to American citizens. pic.twitter.com/DgvTp5jjv1

— CBS Mornings (@CBSMornings) June 18, 2024

Biden-Harris Administration’s Commitment

This initiative is part of the broader Biden-Harris Administration’s agenda to ensure family unity in immigration policies. The administration has previously implemented family reunification processes for countries like Colombia, El Salvador, Guatemala, Honduras, and Ecuador.

“Today’s actions build on unprecedented steps by the Biden-Harris Administration to strengthen family unity including by implementing family reunification parole processes for nationals of Colombia, El Salvador, Guatemala, Honduras, and Ecuador; updating and modernizing the Cuban and Haitian family reunification parole processes; leading the Family Reunification Task Force to reunify nearly 800 children with their families who were separated; and establishing country-specific parole processes for certain nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV) who have a U.S.-based supporter.” DHS Fact Sheet

President Joe Biden emphasized the importance of this new rule by stating, “The steps I’m taking today are overwhelmingly supported by the American people, despite what the other team says.”

A new immigration rule from the Biden administration proposes protection from deportation for undocumented spouses of U.S. citizens.https://t.co/fQkAwRkXu6 pic.twitter.com/3pMKgUVmDN

— USA TODAY Video (@usatodayvideo) June 18, 2024

Implementation and Procedure

The process includes filing a Form I-131F with the U.S. Citizenship and Immigration Services (USCIS), along with the required supporting documentation and a fee. Starting August 19, 2024, USCIS will begin accepting applications for the new process from noncitizen spouses and stepchildren of U.S. citizens. Each request will require a separate Form I-131F submission and a USCIS online account.

The concept of “parole in place” (PIP) has existed since the Bush administration for immediate relatives of U.S. military members and was reaffirmed by Congress in 2020. This expansion marks the most extensive relief program for undocumented immigrants since the 1986 amnesty law.

President Biden announced, “The action I’m announcing today will go into effect later this summer,” underscoring the urgency and importance of this initiative.