Biden to unveil new protections for undocumented spouses of U.S. citizens, DACA recipients

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WASHINGTON — President Joe Biden unveiled Tuesday new protections for undocumented immigrants married to U.S. citizens and measures to make it easier for immigrants brought illegally as children to qualify for work authorization.

Undocumented spouses of U.S. citizens will have had to have lived in the country for at least 10 years to qualify for protections. Qualified spouses could apply for permanent residency within three years and be eligible for a three-year work permit in the country. Couples will have to have been married and in the country for 10 years by Monday. Roughly 500,000 people nationwide could be eligible.

Texas has about 1.6 million undocumented immigrants living within its borders, the second-highest total behind California.

Undocumented spouses can already apply for permanent residency but must often leave the country in order to do so. The latest action would allow them to apply in the country.

The measures would also expedite work visas for eligible immigrants who arrived as children, commonly referred to as “Dreamers,” if they have a U.S. college degree or a “high-skill” job offer.

The White House anticipates applications opening by the end of the summer.

“These measures will help keep American families together and allow young people to contribute to our economy and our country,” a senior administration official said, speaking on the condition of anonymity. “These measures show that the administration is committed to taking action within its legal authorities to secure our border and ensure that our immigration system is more fair and more just.”

Still, the official continued, “we remain clear-eyed that only Congress can deliver the additional personnel, resources and policy changes that are needed to secure our border.”

Democrats praised Tuesday's action as a positive step toward keeping families together as they navigate the complicated naturalization process.

"President Biden has consistently used his executive powers to create additional legal pathways for immigrants, and today’s joyous announcement will help keep many of these mixed-status American families together," U.S. Rep. Veronica Escobar said in a statement. Escobar is a national co-chair of Biden's reelection campaign and introduced legislation, the American Families United Act, that would offer similar protections for undocumented spouses of U.S. citizens.

The announcement comes days after the 12th anniversary of President Barack Obama’s Deferred Action for Childhood Arrivals, which gave immigrants who came as children protected status from deportation. Over 95,000 DACA recipients live in Texas, according to U.S. Citizenship and Immigration Services.

Biden formally announced the protections at a ceremony commemorating the 12th anniversary of DACA on Tuesday. The event featured lawmakers, local officials and advocates, including U.S. Reps. Sylvia Garcia, D-Houston, and Escobar. San Antonio Mayor Ron Nirenberg and Laredo Mayor Victor Treviño were also present, as was Bexar County Sheriff Javier Salazar.

"It's an American principle that we should keep families together," Biden said. "I refuse to believe that to close the border, we have to walk away from being an American."

Protections for DACA recipients has been a priority for Texas Democrats since Biden first took office in 2021. Texas Democrats in Congress pushed for the Dream and Promise Act, which would codify protections for migrants who came as children. The bill passed the Democratic-controlled House in early 2021 but did not make it out of the Senate.

Border Democrats were often frustrated with their party leadership for not prioritizing immigration in the early days of the Biden administration when the party controlled both chambers of Congress. The Biden White House focused much of its attention at the time on passing legislation improving domestic infrastructure and combating climate change. The border, members were told, would just have to wait.

But as record numbers of border crossings overwhelmed border cities, Republicans made it an issue Democrats could not ignore. The border has emerged as the single biggest priority among Texas Republicans going into November’s general elections.

Several Republicans criticized Biden's recent move, saying it amounted to illegally granting amnesty and refusing to enforce the law. Gov. Greg Abbott said the program will be stricken in court and unconstitutionally bypasses Congress. Sen. Ted Cruz, R-Texas, said the move was meant to create more Democratic voters by giving undocumented immigrants a path to citizenship.

The White House asserts it is acting within existing legal authority.

Republicans also blasted Tuesday's announcement as an attempt to turn political tides ahead of the election without addressing the root problems at the border.

“I don't think anybody is fooled by President Biden's sudden interest in what's happening at the southern border," U.S. Sen. John Cornyn, R-Texas, said on the Senate floor. "This is a last-ditch attempt to turn down the heat on the border crisis in the lead up to the election, and the American people aren't buying it.”

Earlier this month, Biden took executive action that effectively shut down asylum claims made between ports of entry at the border. Many Democrats and immigrant rights advocates criticized the move as capitulating to Republicans.

“If this executive order goes into effect, it’s likely that every future president, especially Republicans, will use and expand it to choke off immigration and the right to asylum,” U.S. Rep. Joaquin Castro, D-San Antonio, said of the asylum-limiting action in a statement at the time. “The political pressure to keep the ban in effect will be too overwhelming.”

Biden acknowledged the criticisms during Tuesday's event at the White House but said "every nation must secure its borders. It's that simple." He said border apprehensions have decreased 25% since the executive order went into effect.

Several of the Democrats who were critical of the executive order earlier this month were present at the White House on Tuesday to celebrate the latest action for undocumented spouses. Escobar expressed disappointment earlier this month that Biden focused on enforcement measures on his earlier executive action, but acknowledged Tuesday the president has a limited arsenal without congressional action.

"I do not believe that enforcement only approaches help at the border, but I also recognize the fact that there are limitations on what the executive can do," Escobar said. "Am I a fan of enforcement only? I'm not. But I'm here to celebrate and recognize how many lives are going to be positively impacted by today's action."

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