Biden’s recent immigration actions provide work permits for some; work permits for all is still the goal.

**Community Advisory: Please Read**

There is no application available yet. Only select groups of immigrants will be eligible for relief. It is critical that those who believe they may be eligible for relief consult with a reputable legal agency or private legal counsel before submitting any application to the U.S. Citizenship and Immigration Services (USCIS), or any other federal agency. People must be on high alert because “notarios” and other bad actors will take advantage of the new developments to personally profit.

“¡Tengo treinta años aquí! ¡No califico para esto!”

“I’ve been [in this country] for thirty years! I do not qualify for this!”

The words of this long-time immigrant worker were not easily forgotten as dozens of immigrants, advocates, elected officials, labor unions, and faith and business leaders gathered at The Resurrection Project on June 19th to respond to President Biden’s recent actions on immigration. Once implemented, these actions will streamline paths to work authorization and legal status for hundreds of thousands of undocumented immigrants and DREAMers across the country - the largest move since DACA in 2012.

The proclamation, as announced, would help immigrants in two key ways: 

• Allow certain undocumented spouses of U.S. citizens to apply for “parole-in-place (PIP),” a protection against deportation, while inside the country. This will allow many to access a work permit and legal permanent residency. Approximately half a million undocumented immigrants and their children (approximately 21,000 in Illinois) will be eligible. Eligible spouses and children will be able to apply beginning August 19th.
• Allow DACA recipients and other DREAMers, who have earned a bachelor’s degree or higher and who have received an offer of employment from a U.S. employer in a specialized field related to their degree, to more quickly receive work visas, which in time, could provide a pathway to legal permanent residency.¹

The announcement came just one month after the Illinois General Assembly became the largest governing body in the country to pass a resolution - House Joint Resolution 69 - calling on President Biden to use his executive authority to grant work permits through parole to all long-term undocumented immigrants in Illinois amid prolonged workforce shortages.

“[Passing HJR 69 was] a declaration of our state’s commitment to both economic pragmatism and human rights,” said President & CEO Sylvia Puente.

Every year, 400,000+ workers contribute $1.9 billion to the Illinois economy without official work authorization. Nearly 30% have been residing in the U.S. for 20 or more years. The resolution made it very clear: granting work permits to this population would increase tax contributions to the state, secure fair wages and protections for workers, and keep families and businesses thriving.

Passing HJR 69 took an enormous amount of issue education, advocacy, and organizing by 100+ members of the Work Permits for All campaign, which officially launched in August of last year, alongside the national Here to Work Campaign. Advocates and allies organized rallies and press conferences across the country, including in D.C. where over 2,000 people attended to express their support. The first political responses came from the Chicago City Council² and the Cook County Board³, who passed the first resolutions calling for work permits for the long-term undocumented in December 2023.

In the winter and spring of 2024, rallies and educational workshops continued, Mayor Brandon Johnson announced his public support, and by the end of May, HJR 69 passed with overwhelming support in both the IL House and Senate, with 19 and 14 sponsors, respectively.

As a member of the campaign, the Latino Policy Forum quickly became a leader in developing a legislative advocacy strategy, policy language and analysis. President Biden’s announcement provided the one thing the campaign needed and hoped for - political will. 

However, as the immigrant worker’s justified frustration reminds us, the new PIP policy will only grant work permits and protections to some - not all undocumented immigrants⁴. There are many immigrants who will be left out - spouses who were unable to marry before the arbitrary cutoff date⁵, spouses who have been in the country only 9 years but still pay taxes, parents of U.S. citizens, long-time workers, caregivers, etc. Many immigrants who are ineligible for PIP will not even be able to obtain a work permit.

For many immigrant and worker advocates, work permits for all is still the goal, along with a meaningful pathway to citizenship. For far too long, immigrant communities have had to collectively celebrate wins even though many will not benefit. While this action is a significant step forward in protecting mixed-status families, more work needs to be done to secure relief for the other 10.5 million undocumented immigrants.

Resources

• National Immigrant Justice Center: https://immigrantjustice.org/es/conozca-sus-derechos/libertad-condicional-para-conyuges-e-hijastros
• American Immigration Council: https://www.americanimmigrationcouncil.org/research/biden-parole-place-announcement-helping-mixed-status-families-stay-together
• American Immigration Lawyers Association: https://www.aila.org/library/information-and-guidance-on-new-actions-to-promote-family-unity
• Department of Homeland Security: https://www.dhs.gov/news/2024/06/17/fact-sheet-dhs-announces-new-process-promote-unity-and-stability-families
• White House: https://www.whitehouse.gov/briefing-room/statements-releases/2024/06/18/fact-sheet-president-biden-announces-new-actions-to-keep-families-together/

Footnotes

^[1] As of July 15, 2024,the Department of State has updated its public guidance – making it clear that it is in the public interest that individuals who graduated from a U.S. institution of higher education and are seeking a work visa are able to put their degree to use in the United States, and that these factors should be considered favorably when recommending waivers in the visa application process.

^[2] City Council Resolution SR2023-0005289

^[3] Cook County Board of Commissions Resolution File #23-5916

^[4] There are roughly 1.1 million undocumented immigrants married to U.S. citizens in the United States, according to Fwd.us,

^[5] To be eligible for PIP, an individual must have entered the U.S. without lawful authorization (not admitted or paroled); Are currently undocumented, is married to a U.S. citizen (or, you are under 21 years old and have a parent who is married to a U.S. citizen) as of June 17, 2024; Have been continuously present in the country for at least ten years before June 17, 2024, and; Do not pose a threat to public safety or national security.