Last month, in marking the 12-year anniversary of the Deferred Order for Childhood Arrivals (DACA) program, which allowed those who came to this country as children illegally to remain if they met specific criteria, President Joe Biden announced another immigration-related executive order. He called it “the biggest thing since DACA.”
The executive order would allow undocumented spouses of U.S. citizens who have been married for at least ten years to remain in the country, along with their children, without fear of deportation for not having the necessary papers. Some 500,000 people fall into this category. Approximately 50,000 children who are undocumented have U.S. citizen stepparents. The average length of time those impacted by the program have been in this country is actually 23 years.
The executive order, which the White House says will help “keep families together,” will allow those spouses to apply for permanent resident (green card) status without having to return to their home country and eventually become U.S. citizens.
The order doesn’t carry the power, permanence of a law
Executive orders can allow presidents to implement their policy plans more easily than trying to get a law passed in a deeply divided Congress. However, it’s important to know that they don’t have the force of a law and can disappear whenever a new president takes office.
Sen. Dick Durbin, noted that a law is “the only order that will fully allow these deserving individuals to put down roots, start families, further their education, and continue contributing to our society without fear of deportation.” However, he acknowledged that such a law would be impossible to pass in the current political climate.
This order can help these spouses secure work permits and get access to health care, travel and other rights that they don’t currently have. It will also take the worry off the shoulders of the U.S. citizen spouse that their family could be deported at any time.
The order is likely to be challenged in the courts. Therefore, it’s wise for any naturalized or U.S.-born citizen to take steps to ensure that their family can remain in the country legally. The best first step is to get legal guidance.