Opinion: Biden’s ‘parole in place’ will have a huge impact on Dreamers, their family and the economy

AP file photo by J. Scott Applewhite

By Amy Hsin

President Joe Biden recently extended access to life-changing “parole in place” for long-term undocumented individuals who are married to U.S. citizens – a bold and important step forward for American families across the country and for our entire economy. As we wait for implementation details to be finalized, what we do know is this long-standing policy tool will temporarily shield eligible individuals from deportation, and allow them to apply for work permits. And for some people who are already eligible – but subject to overwhelming backlogs – it could mean finally being able to apply for a green card.

The White House estimates that up to half a million people could be eligible for protection under the policy, a number that would likely include a young woman named Sungmin who I interviewed as part of my research in 2018. Sungmin was born in South Korea two decades ago and entered the U.S. as a child with her parents. She has since built her entire life in the U.S., raising two children with her husband, who is a U.S. citizen. He wanted to sponsor her for a green card, but the process could result in Sungmin being separated from her husband and two U.S.-born children for years. She could even face a permanent ban from re-entering the U.S. if her application were denied. This makes absolutely no sense for Sungmin’s family, her community, or our economy.

The problem is that Sungmin arrived by crossing the border without being admitted by an immigration officer. Current law prevents Sungmin from adjusting her immigration status in the U.S., forcing her instead to leave and apply from abroad. But because she lived for years in the U.S., she would not be allowed to even apply to return for at least 10 years.

These penalties are commonly known as immigration bars. This harsh and ineffective policy impacts at least 500,000 families of immigrants and U.S. citizens – including 245,000 Dreamers like Sungmin, who came here when they were children, grew up in America, are now married to U.S. citizens, and have started families of their own. Because of how they arrived in the U.S., they cannot go through the legal process without leaving the country; because of how long they’ve lived here, they’re barred from coming back if they leave. Being granted parole in place within the U.S. would resolve the issue of how they entered the U.S., making them eligible to adjust their status here, without leaving.

For Sungmin, this policy change will offer her and her family some measure of certainty and stability.

Her situation was especially dire because Sungmin, like thousands of Dreamers, was ineligible for Deferred Action for Childhood Arrivals, or DACA, a program that offered certain Dreamers temporary protection from deportation and work permits. Now that lawsuits have frozen DACA in place and could force the program’s closure within the next year, most Dreamers may never be able to access DACA. They have virtually no options left. In the meantime, congressional inaction has denied all Dreamers permanent solutions and stability in the only country they know as their own.

My research finds that the challenges presented by immigration bars keep many otherwise-eligible Dreamers from applying for green cards, preventing them from accessing the ability to work legally and hindering them from obtaining temporary protections that would help keep them safe and together with their families. Whatever their original intent, the consequences of the bars are so harsh that people are afraid to use the legal immigration system: it’s a senseless barrier that hurts families and stunts our economy. Parole in place as a policy solution was first used by President George W. Bush’s administration for spouses of military service members. It was later formalized by President Barack Obama’s administration and has helped keep tens of thousands of families together since.

In interviews with more than 100 Dreamers, I often heard about the barriers that stopped them from reaching their full potential in their work and careers, even if they had DACA. Allowing them to finally secure legal status and pursue citizenship would allow them to keep contributing to the economy and to their communities, as they have for decades.

With the stakes higher than ever, President Biden is providing protection, relief, and opportunity to half a million American families, including tens of thousands of Dreamers. This is a smart and appropriate policy action that will keep American families together and allow them to continue contributing as they have for so many years.

Amy Hsin is professor of Sociology at Queens College, City University of New York and Immigration Fellow at FWD.us.