Biden Administration's "Keeping Families Together" Program Draws Critics' Ire

The Biden-Harris administration has launched a program that seeks to assist noncitizen spouses and stepchildren of U.S. citizens, sparking criticism from those who see it as an amnesty for illegal immigrants.

The Biden-Harris administration has initiated a program dubbed "Keeping Families Together," which aims to assist undocumented spouses and stepchildren of U.S. citizens by providing them with parole status. Critics, however, have denounced it as an unauthorized amnesty program for illegal immigrants.

The U.S. Citizenship and Immigration Services (USCIS) estimates that approximately 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of U.S. citizens will qualify for parole under this initiative. The program is designed for individuals who entered the United States without authorization or parole.

Biden Administration's "Keeping Families Together" Program Draws Critics' Ire

Critics of the program, such as Andrew Arthur of the Center for Immigration Studies, argue that it constitutes an "unauthorized amnesty" that oversteps congressional authority. Arthur contends that this program, coupled with potential future measures under a hypothetical Harris-Walz administration, could eventually grant eligibility to all undocumented individuals residing in the United States.

Arthur further emphasizes the difficulty in reversing administrative amnesties, citing the example of DACA (Deferred Action on Childhood Arrivals), which provided legal status to children of undocumented immigrants. He asserts that Republicans would face significant pressure to undo such programs, but such reversals have proven challenging in the past.

Biden Administration's "Keeping Families Together" Program Draws Critics' Ire

The USCIS has outlined specific eligibility requirements for parole under the "Keeping Families Together" program. Spouses of U.S. citizens must have been present in the United States for at least 10 years without authorization or parole, must not have a disqualifying criminal history, and must not pose a threat to public safety, national security, or border security.

Noncitizen stepchildren of U.S. citizens must have been under the age of 21 in June 2021, when the executive action was first announced, must have a noncitizen parent married to a U.S. citizen prior to June, and must not have a disqualifying criminal history.

Biden Administration's "Keeping Families Together" Program Draws Critics' Ire

Even individuals with a criminal history may become eligible for parole by demonstrating "positive factors" that can overcome the presumption of ineligibility and justify a favorable exercise of discretion.

Moreover, undocumented immigrants currently facing removal proceedings could also qualify for parole under this process. They must provide additional documentation demonstrating a significant public benefit or urgent humanitarian reasons that warrant a favorable exercise of discretion.

The "Keeping Families Together" program has ignited controversy, with critics arguing that it undermines the rule of law by providing a pathway to citizenship for undocumented immigrants. They maintain that this program goes beyond the authority granted to the Biden-Harris administration and circumvents the role of Congress in immigration policy.

Proponents of the program, on the other hand, contend that it is a humanitarian gesture that benefits families and promotes stability within communities. They argue that undocumented spouses and stepchildren of U.S. citizens often live in fear of deportation, which can lead to family separation and other negative consequences.