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ATLANTA - Jason Rochester had mixed reactions to President Joe Biden's executive order, which allows some undocumented spouses of U.S. citizens to apply for legal status without fear of deportation.
"I was happy for the families that it will help because it's going to help some families, but disappointed because of the way it is written. It won't help me at the moment because my wife is outside the country, and this executive action is only for people who are inside the country," Rochester told FOX 5's Deidra Dukes.
Rochester's wife is a Mexican national. Cecilia Gonzalez-Carmona was in the country illegally when she self-deported in 2018 after getting bad legal advice, making her ineligible to apply for residency under the new plan.
President Biden's executive order protects more than half-a-million illegal immigrants from deportation.
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To qualify, an undocumented individual must be married to a U.S. citizen and have lived in the U.S. for at least 10 years with no criminal record.
Undocumented children under 21 with a parent who is married to a citizen are also eligible.
The president says it will keep families together, but Republicans oppose the measure.
Rochester has joined other families lobbying federal lawmakers to change immigration law and remains hopeful the President will take further action in coming months that will allow Carmona to join Rochester and their son in Georgia.
"This whole thing is supposed to prevent family separation; well, our families are already separated, so we need relief also," Rochester said."
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Biden's immigration executive order explained
President Joe Biden announced an executive order which helps pave the way for spouses of U.S. citizen to stay in the country legally during a press conference on June 18, 2024.
President Joe Biden has taken significant election-year action to offer potential citizenship to hundreds of thousands of immigrants without legal status in the U.S. This move aims to balance his recent crackdown on the southern border, which has angered many advocates and Democratic lawmakers.
The executive order, announced Tuesday, allows certain U.S. citizens’ spouses without legal status to apply for permanent residency and eventually citizenship without having to leave the country. This action could affect up to half a million immigrants, according to senior administration officials.
"The Statue of Liberty is not some relic of American history. It still stands for who we are," Biden stated at the White House, surrounded by advocates, congressional Democrats, and eligible immigrants. He emphasized the importance of both embracing immigration and securing the border, rejecting the notion that these goals are mutually exclusive.
President Joe Biden announced an executive order which helps pave the way for spouses of U.S. citizen to stay in the country legally during a press conference on June 18, 2024.
Biden’s order sets a stark contrast with presumptive GOP presidential nominee Donald Trump, known for his hardline stance on immigration and calls for mass deportations. Biden criticized Trump’s policies, including the zero-tolerance policy that separated families at the border, while Trump vowed to revoke Biden’s policy if re-elected.
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To qualify for this new pathway, an immigrant must have lived in the U.S. for at least 10 years and be married to a U.S. citizen as of Monday. Approved applicants will have three years to apply for a green card, receive a temporary work permit, and be shielded from deportation. Approximately 50,000 noncitizen children with U.S. citizen parents could also qualify.
Senior officials anticipate the process will open for applications by the end of the summer, with fees yet to be determined. This initiative coincides with the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) program.
Republicans have criticized Biden’s plan, calling it a "mass amnesty plan." Some, like Texas Governor Greg Abbott, predict that the directive will face legal challenges.
This announcement follows Biden’s recent crackdown at the U.S.-Mexico border, which has halted asylum claims for those arriving outside designated ports of entry, leading to fewer border encounters.
Advocates believe Biden’s actions will mobilize Latino communities and secure votes. New regulations will also allow certain DACA beneficiaries and other young immigrants to qualify more easily for work visas, providing more robust protection than current DACA provisions.
Biden’s executive order builds on authority used by Presidents George W. Bush and Barack Obama to allow "parole in place" for family members of military personnel. This process enables qualifying immigrants to pursue permanent residency without leaving the country, a significant win for the immigrant rights movement.
Progressive lawmakers and advocates have praised Biden’s actions, emphasizing the importance of keeping American families together and addressing fears of separation due to immigration status.
The Associated Press contributed to this report