(Scypre.com) – The Biden-Harris administration has recently introduced a controversial initiative, dubbed by critics as an “amnesty program,” aimed at providing legal status to certain undocumented immigrants. This initiative, titled “Keeping Families Together,” was rolled out during the week of the Democratic National Convention and has sparked significant debate.
According to the U.S. Citizenship and Immigration Services (USCIS), the program will make an estimated 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens eligible for parole. The agency clarified that “Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process.” The term “admission” refers to legal authorization to reside in the country, typically through a green card, visa, or similar means.
Critics of the program, including Andrew Arthur, a resident fellow in law and policy at the Center for Immigration Studies, argue that this initiative amounts to an unauthorized amnesty. Arthur, a former immigration judge, told Fox News Digital, “This is a massive amnesty that Congress never authorized.” He further warned that under a potential Harris-Walz administration, the program could be expanded, making it challenging for Republicans to reverse the policy, as has been the case with the Deferred Action for Childhood Arrivals (DACA) program.
DACA, introduced in 2012 by the Obama administration, provided legal status to the children of undocumented immigrants. Similarly, the “Keeping Families Together” program has stringent eligibility criteria. To qualify, a noncitizen spouse must have been physically present in the U.S. for at least 10 years without admission or parole, have no disqualifying criminal history, and not be deemed a threat to public safety or national security. They must also undergo thorough background checks.
For noncitizen stepchildren to qualify, they must have been under 21 years old since June of the previous year, when the executive action was initially announced. Additionally, their noncitizen parent must have been married to a U.S. citizen before June and must also have no disqualifying criminal history.
However, the policy does provide some leniency regarding criminal history. The USCIS states that applicants with a criminal record can still be considered for parole if they can “demonstrate positive factors that can be considered in overcoming this presumption” and prove they warrant a favorable exercise of discretion.
Moreover, the USCIS website notes that even individuals in the midst of removal proceedings may be eligible for parole. The agency advises that those with a final unexecuted removal order or non-disqualifying criminal history can submit additional documentation to demonstrate that their parole is warranted based on significant public benefit or urgent humanitarian reasons.