AIS Statement: Biden Administration’s Executive Action Offers
Relief to Undocumented Spouses and Their Families

Policy will allow many immigrant survivors
to avoid unnecessary deportations

June 2024 - On June 17, the Biden-Harris administration announced an executive action to protect more than 500,000 undocumented families across the United States from deportation.

The Alliance for Immigrant Survivors (AIS) supports this action, which allows spouses of U.S. citizens to apply for permanent residency without leaving the country. This is a crucial step for survivors of gender-based violence in mixed-status households, preventing unnecessary deportations, keeping families together, and enabling them to fully contribute to the economy. We understand the extreme trauma caused by family separations and believe that this policy will provide stability for spouses and children deeply rooted in the U.S., many of whom are survivors. It will allow them to access the work and family visas they qualify for, giving them the stability they need to thrive.

In particular, we hope that this program is implemented in such a way that abused spouses of U.S. citizens can also take advantage of this pathway, with necessary confidentiality protections in place. Deferred Action and work authorization are crucial for immigrant survivors, as they facilitate access to housing, education, and healthcare. Moreover, being protected from deportation and having proof of work authorization can help reduce the risk of workplace exploitation, harassment, and abuse. Many times, employers exploit undocumented employees by violating their rights and using their immigration status as a means of control, which mimics the kind of abuse that immigrant survivors may have already experienced in intimate relationships.

In addition, potentially tens of thousands of DACA recipients will benefit from new regulations facilitating their access to work visas, provided they meet specific criteria including having graduated from an accredited U.S. institution of higher education. This builds on the success of the 12-year-old DACA program and could provide some recipients a pathway to much-needed permanent status after over a decade of uncertainty.

The announcement removes barriers both groups face in accessing green cards and citizenship. With over 11 million mixed-status families across the U.S., this is an issue touching nearly every state and community.

We applaud the Biden-Harris administration for taking common sense, compassionate action that Congress has failed to provide. However, this limited policy improvement is not a stand-in for real, permanent reform and we will continue fighting to make immigration relief a reality for all survivors - whether they arrived 10 minutes or 10 years ago - through legislative reform and advocacy.

To learn more about the new policy, please see the Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families | Homeland Security. More information about eligibility and application processes is forthcoming, and we will update the field when it is available.