Biden announces new measures to keep migrant families united

My fellow brave ones! Once again, I’m back with the weekly summary of what I believe are the most relevant topics on immigration matters for our community.  

Let’s start, and do not miss this crucial information! 

Biden announces new measures to keep migrant families united    

On Tuesday, June 18, the Department of Homeland Security released a fact sheet detailing the new Parole policy for undocumented immigrants married to U.S. citizens. This policy will allow certain individuals in this situation to obtain immigration benefits.  

Among the requirements, it applies to foreigners who have been continuously present in the United States for at least 10 years up to June 17, 2024, and who were married to U.S. citizens before that date. Additionally, it also covers stepchildren of U.S. citizens, as long as the parental relationship existed before June 17, 2024.  

The benefits of said Parole include:  

• The possibility of adjusting status to legal permanent residents 

• Coverage for approximately 500,000 spouses and 50,000 minors under 21 years old

However, legal challenges are anticipated due to the limited legal basis of Parole. There are also concerns about potential fraud, as some applicants might attempt to create false documents to meet the 10-year presence requirement.  

Although the new policies will take months to come into effect, they offer migrants the opportunity to start the residency process in the United States, a path that can take years. 

Related article: Can I request Parole in place if I am in a deportation process?  

DNA collection from migrants without consent: Violation of rights?  

Since 2020, the U.S. Department of Homeland Security has collected over 1.5 million DNA profiles from migrants, integrating them into the FBI database. These samples are stored in the Combined DNA Index System (CODIS), used by local, state, and federal law enforcement agencies.  

A report from Georgetown University’s Center on Privacy and Technology denounced that the samples were obtained under deception and intimidation, without properly informing the migrants. Additionally, since 2020, DHS has significantly expanded DNA collection from nearly all detained individuals and foreigners in the country.  

Key points of this situation include: 

• DNA collection without proper consent 

• Storage in CODIS and use by law enforcement agencies 

• Expansion of DNA collection since 2020

The Biden administration has maintained this practice, generating controversy over possible violations of privacy rights and the constitutionality of the program. Human rights advocates are urging the government to stop DNA collection and delete the obtained profiles, highlighting the fear and uncertainty faced by migrants.  

More information: Green Cards and the DNA test  

Federal Judge Halts Controversial Anti-Immigrant Law in Iowa  

A federal judge in Iowa temporarily blocked state law SF 2340, which allows the detention and expulsion of deported individuals authorized to stay in the U.S. This law, set to take effect on July 1, was challenged by the federal government and civil rights groups, arguing that it contradicts federal law.  

In his preliminary injunction, the judge noted that the state law does not allow federal immigration law to proceed, deeming it unconstitutional. According to Supreme Court precedent, courts have “consistently considered” federal government claims seeking to establish federal preference over state law.  

Key arguments of the ruling: 

• The state law interferes with federal law 

• Supreme Court precedents support federal preference 

• A similar law in Texas was declared unconstitutional

Governor Kim Reynolds defended the law, arguing that it protects Iowa residents from issues arising from the border crisis. The state attorney general also expressed the intent to appeal the judge’s decision, emphasizing the ongoing legal dispute over the law’s constitutionality. 

Related article: New Legislation and More Restrictions on Immigration in the U.S.  

New measures in Michigan to strengthen security and border control  

Michigan legislators have introduced a package of bills, modeled after Texas, to strengthen immigration law enforcement in the state. This package includes four laws: H.B. 5775, 5776, 5777, and 5778.  

The bills introduce new offenses such as “unauthorized entry” and “unauthorized presence” in Michigan, with penalties ranging from six months to twenty years in prison. 

However, the legislation also seeks to prohibit law enforcement from arresting individuals for these offenses in schools, churches, and health centers, ensuring the protection of these spaces. Additionally, affirmative defenses would be granted, allowing foreigners to demonstrate their “legal presence” or asylum to avoid prosecution under these new laws.  

Key points of the legislation: 

• Introduction of new offenses with severe penalties 

• Prohibition of arrests in protected places 

• Affirmative defenses to demonstrate legal presence 

• Possibility for judges to order a return to countries of origin

The proposal has generated divisions in the Michigan House of Representatives. Supporters argue for the need to protect local communities, while opponents point out that immigration issues do not directly affect the state. This legislation, though controversial, seeks to address border control and security more strictly. 

Read also: If my parents were arrested, can I request them as a citizen?   

La Lupa Electoral – Democratic crossroads: The presidential debate that could decide the party’s future and the election  

The first debate between Biden and Trump could be crucial for the reelection of the current occupant of the White House. Since July 2022, President Biden’s disapproval rating has remained above 55%, while his approval is only 38.1%. This has led to an alternative scenario for Democrats, where President Biden may need to be withdrawn from the campaign and replaced by a younger candidate.  

In this scenario, the consensus of four Democratic leaders would have the final say on Biden’s continuity: Barack Obama, Hillary Clinton, Nancy Pelosi, and Chuck Schumer. According to political analysts, facing the election with Biden could be an even greater risk than withdrawing him. Others believe that the June 27 debate is Biden’s last chance to demonstrate his mental capacity to hold office for another four years. 

Points to consider: 

• Biden’s disapproval rating 

• Possible replacement by a younger candidate 

• Importance of Democratic leaders’ consensus 

• Risks of keeping or withdrawing Biden

Once the debate is held, Democratic leaders will await the post-debate poll results to decide on Biden’s candidacy. It is also suggested that Kamala Harris would not replace him, but another party member. Meanwhile, Biden’s performance in the June 27 debate will be key in determining if he remains in the race. 

Remember, promises evaporate, actions do not. Adjust now.  

If you seek advice on regularizing your immigration status, contact us. We are here to help. 

Related article: Has Your Partner Not Fixed Their Status? Biden Has a Plan That Could Change Your Lives   

This was the most relevant immigration news this week. See you next Friday.  

Stay current with the latest on immigration matters, proposals, new laws, and benefits for our immigrant community.  

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