This Week's Other Quasi-Amnesty
Biden orders expansion of work visa options for DACAs by streamlining access to ‘unlawful presence waivers’
By Elizabeth Jacobs on June 20, 2024
The Biden administration made two important immigration policy announcements this week. The first, which my colleague Andrew R. Arthur wrote about in detail, will allow aliens who are in the United States illegally and married to U.S. Citizens to receive “parole in place”, which would put many on a pathway to citizenship. The second, which I will discuss here, will require consular officers from the U.S. Department of State to streamline and expedite DACA beneficiaries’ requests for “unlawful presence waivers”, known as “D-3” waivers because of section 212(d)(3) of the Immigration and Nationality Act (INA) in which they are authorized.
By expediting and streamlining DACA beneficiaries’ access to this type of waiver, the Biden administration believes that more DACA beneficiaries will apply for and receive work visas. In turn, DACA beneficiaries who receive work visas will obtain lawful immigration statuses in the United States and be potentially placed on pathways to citizenship.
First, as a reminder, the Deferred Action for Childhood Arrivals (DACA) program was created by the Obama administration on June 15, 2012. The program provides immigration benefits, including lawful presence, employment authorization, and forbearance from deportation to certain aliens who are in the United States illegally. DACA is not considered a lawful immigration status since it is not authorized by law, but rather merely a “deferment of removal” based on the U.S. Department of Homeland Security (DHS)’s exercise of prosecutorial discretion.
https://cis.org/Jacobs/Weeks-Other-QuasiAmnesty
