Immigration has always been fundamental to American identity and a factor in political debates. President Joe Biden’s new immigration scheme, unveiled only months before the 2024 election, seeks to balance humanitarian concerns and practical reforms. The initiative’s purpose is to offer a long-overdue solution for many undocumented spouses of U.S. citizens. This could squash the heartbreaking requirement of leaving your family and returning to your country.

Immigration remains one of the most divisive issues for voters, and this plan could sway public opinion, particularly in California. This article explains Biden’s new immigration plan, how it keeps families together, and what it could do for ‘Dreamers’ and the larger immigration scene. If you have questions about how this plan will work for your situation, consult with an experienced immigration attorney.

Key Elements of Biden's New Immigration Plan

President Biden’s new immigration plan is a big step toward a more just system that acknowledges undocumented families. This comprehensive approach seeks to:

  • Keep families together
  • Provide a pathway to citizenship
  • Assist those who have long been living with uncertainty

As of June 17, 2024, if you were married to a U.S. citizen and had lived there for at least 10 years, you could apply for lawful permanent residence without leaving the country. In the past, you had to return to your home country and endure a long and uncertain process that could take three to 10 years. The old process forced many to choose between family unity and the risk of permanent separation.

The new plan allows the Department of Homeland Security (DHS) to review applications on a case-by-case basis and not consider applicants who threaten public safety or national security. If granted permanent residency, you can become a U.S. citizen, providing your family with a future.

The immigration plan also provides relief to children of undocumented spouses. If your parent becomes a permanent resident, you can, too, take a streamlined path to citizenship. According to the provision, children should not be punished for their parent's legal status or deported from the US. The plan allows children to have a chance to thrive in the only country they have ever known.

Biden's plan also covers Dreamers, a group of Deferred Action for Childhood Arrivals (DACA) recipients. These include young people who came to the U.S. as children and have grown up contributing to their communities. Under the new plan, you can obtain work visas, be more stable, and pursue long-term career goals without the constant fear of deportation. You could also acquire permanent residency, such as a green card and citizenship.

Who Will Benefit from the Plan?

President Biden’s new immigration plan could finally offer stability and security if you are a non-citizen spouse of a U.S. citizen. According to the DHS, about 500,000 undocumented spouses and an estimated 50,000 children of those families could benefit. This plan benefits families that meet the eligibility criteria, especially spouses of U.S. citizens living in the United States for at least 10 years.

It is emotionally draining to be in constant fear of deportation. What if you had to go to a child’s birthday or a school event and were afraid this moment of joy could end in an uncertain future? Biden’s plan aims to eliminate that fear and replace it with a pathway to permanence.

The whole household suffers when a spouse lives in the constant anxiety of deportation. You cannot consistently work, receive healthcare, or feel secure enough to contribute to your community. The solution to these problems in the new plan is that eligible spouses can apply for permanent residency without leaving the country. You will no longer have to pick between staying with your family or maneuvering through the lengthy process from afar, not knowing if they will allow you back.

These undocumented spouses have children. Children are emotionally stressed and unstable when parents live under the threat of separation. Under the plan, eligible children and their parents have a pathway to citizenship. They have peace knowing a policy change will not rip their family apart. That freedom allows them to pursue dreams without limits as doctors, teachers, and community leaders without deportation hanging over their heads.

Speaking of the broader social and economic impact, families who are secure in their status are more likely to contribute to their community economically and socially. You can land jobs that fit your skills, invest in your kids’ education, and build a community.

Contrasting Biden's Plan with Recent Asylum Restrictions

President Biden’s recent asylum restrictions contradict his earlier policies. The restrictions could help manage the increasing number of migrants and border security. Under executive action, these new measures bar migrants who cross the southern border unlawfully from seeking asylum in the United States.

When border encounters exceed operational capacity, the restrictions kick in and allow immigration officials to streamline removals for people who do not qualify for legal reasons to remain in the country. This rule closely tracks sections 212(f) and 215(a) of the Immigration and Nationality Act and grants the executive authority to suspend entry when public interest requires.

The restrictions are not meant to be lasting. Instead, they scale back when the volume of unauthorized crossings drops to reasonable levels. Vulnerable groups such as unaccompanied minors and victims of trafficking are exempt.

Biden says that lasting solutions will require congressional reforms. His administration has continued to push for Congress to approve funding and structural changes for improved border enforcement and streamlined asylum processes.

It has attracted considerable criticism from both the left and the right. Conservatives say the restrictions are too lax, while progressives say they are too restrictive. The plan echoes elements of the Trump era 'Title 42' policies, which have proved difficult to balance between border enforcement and asylum rights.

The Balancing Act Between Border Security and Immigration Reform

Biden’s asylum measure measures the balance between a secure border and decent immigration. It says robust enforcement is needed to keep the border under control, safeguard national security, and prevent bad actors from abusing the rules for asylum seekers.

This attempt for a balanced reform is fraught with challenges. At the border, pressures to maintain order call for decisive action against irregular migration flows on one side. On the other hand, there is America’s long-standing commitment to providing asylum to those fleeing persecution. Biden's policies attempt to reconcile these forces through the following:

  • Improving technology to detect illicit activity
  • Increasing border personnel
  • Improving asylum screening processes for efficiency and fairness

Political Reactions and Implications

Biden's policies have been slammed by Republicans as too soft, with some of them painting them as 'amnesty' programs that encourage illegal immigration. Border security is a must for the Republicans, and anything that would be seen as a way to achieve legal status contradicts the rule of law. However, House Speaker Mike Johnson and other GOP leaders maintain that Biden’s policies have led to more border crossings and a failure of enforcement.

Republicans want stricter controls such as:

  • Physical border walls
  • More deportations
  • Tighter asylum rules

Democrats accuse Biden of pushing immigration reforms for political gain. They say Biden is trying to grow a voter base.

Republicans should focus on immigration reform, deterrence, and enforcement first and foremost. However, such a proposal only begins to be taken seriously if it starts by making a hard border commitment and capping legal pathways for undocumented immigrants. The deep ideological divide in dealing with immigration is played out in the divergence between the two parties.

Importance of Immigration Policy in the 2024 Election

Immigration policy emerged as a significant issue in the 2024 U.S. presidential election, a pivotal one that injected into the political climate. The immigration challenges are complicated, and candidates' stances on this issue have become central to their campaigns and are revealing broader ideological divides.

The Role of Immigration as an Issue for Voters

American voters and more general political ideologies are perennially concerned with immigration. Voters pay attention to how presidential candidates stand on immigration policy. Former President Donald Trump is leading the immigration movement on his platform. He's called for measures such as mass deportations and finishing the U.S.-Mexico border wall. His hard-line rhetoric is appealing to his constituents, who want to see a tougher stance on border security and strict immigration control.

However, Vice President Kamala Harris seeks a more measured approach, using border security enforcement while creating legal pathways to citizenship. Although those who support comprehensive immigration reform sympathize with her policies to combat the root causes of migration while meeting humanitarian commitments, her approach to the problem is not unique. The fact that immigration is such a divisive issue is perhaps best reflected in this dichotomy, which mirrors the different priorities of the two candidates’ bases.

Influence on Key Battleground States

Immigration policy is crucial in battleground states where demographics, the economy, and political loyalty intersect. States with large immigrant populations, such as California, Texas, and Arizona, are affected by federal immigration policies. Voters’ immigration stances of candidates in these regions significantly affect electoral outcomes.

For example, in Arizona, where a large number of Latinos vote, anti-immigration policies could alienate voters who consider such policies discriminatory. However, a tough-on-immigration approach could be popular in parts of Texas, where border security is paramount. Candidates should carefully navigate these complex dynamics because missteps can shift voter allegiance and determine the election outcome.

Polling Data and Public Opinion

Immigration is a multifaceted public sentiment that divides a nation on how to deal with it. A Reuters/Ipsos poll in December 2024 also showed that 53 percent of Americans believe most or all of the immigrants now living in the country illegally should be deported, a slight hardening from 2017. But while a full 75 percent say they would support the use of detention camps, just 30 percent say they would support using them.

What to Expect On Immigration Under a New Trump Administration

Under the new Trump administration, immigration policy is poised for major change, with harsh enforcement and restrictive measures.

US Deportation Campaign

President Trump has vowed the largest deportation operation the country has ever seen. Under the plan, National Guard troops will be sent to arrest undocumented immigrants and invoke the Alien Enemies Act. This 18th-century law gives the president the power to deport people from countries at war with the U.S.

The objective is to reduce the undocumented population by at least 90 percent. However, opponents say such efforts could result in legal challenges and administration issues.

Travel Ban and Birthright Citizenship

Trump’s administration also plans to bring back the "Remain in Mexico" program, which forces asylum seekers to wait in Mexico for their U.S. court hearings. They also plan to end policies that already prohibit immigration enforcement actions in places like schools, hospitals, and churches. This would open the door to operations where they had been banned, including within communities that have functioned as sanctuaries.

However, President Trump has also indicated that he wants to end birthright citizenship, a constitutional promise of citizenship for children born in the U.S. Substantial legal scrutiny and debate is expected for this proposal.

The administration will also implement a travel ban against specific countries, reminiscent of Trump’s first-term policy of banning countries that threaten national security by banning entry.

Find an Orange County Immigration Attorney Near Me

Biden’s new immigration plan marks a critical moment in the US’s immigration history. The opportunity to secure legal status promises stability and the restoration of dignity for many undocumented spouses and children. Biden wants to solve the immigration problem by offering these pathways while strengthening border enforcement policies.

How immigration is discussed nationwide will depend on how well this initiative succeeds or fails for many years to come. The plan would be successful if it and the example it sets prove that compassionate policies and border security can go hand in hand. However, if it fails, it could birth political divisions and uncertainty over whose lives are in limbo.

Immigration law is complicated, and you want to know how these new provisions apply to you.

You deserve solid legal representation and a favorable outcome for your family. At the Orange County Immigration Attorney, we can help you determine your eligibility, prepare your documentation, and advocate for your rights. To schedule a consultation, please contact us at 424-789-8809.