Federal Government to Start Amnesty for Illegal Immigrant Spouses

New program shields illegal immigrants who are married to U.S. citizens from deportation.
Federal Government to Start Amnesty for Illegal Immigrant Spouses
Illegal immigrants use Terminal E at Boston Logan International Airport as a shelter in Boston on Jan. 30, 2024. (Joseph Prezioso/AFP via Getty Images)
Zachary Stieber
Updated:
0:00

The federal government will soon start accepting applications for amnesty from illegal immigrants who are married to U.S. citizens.

The U.S. Citizenship and Immigration Services (USCIS) said on July 17 that it would begin accepting applications from illegal immigrants on Aug. 19.

The new program, announced by President Joe Biden in June, enables illegal immigrants who are married to U.S. citizens to avoid deportation and remain in the United States while seeking legal status.

The program only applies to illegal immigrants who have lived in the country for at least 10 years as of June 17.

Government officials estimate that 500,000 illegal immigrant spouses of U.S. citizens are eligible for the program. About 50,000 children of these spouses are also eligible for the process.

Before Wednesday, officials had not disclosed details such as when the program would start.

USCIS officials, while revealing the start date for accepting applications, said that additional details are still not being made available.

“You cannot apply for this process yet,” the agency said in a statement. “We will publish a Federal Register notice that will further explain eligibility and the application process, including the form to use, and the associated filing fees. If you apply before the implementation date in the Federal Register notice, we will reject your application.”

Officials emphasized that illegal immigrants must not have any criminal history, and “otherwise merit a favorable exercise of discretion.” Evidence supporting applications can include marriage certificates, birth certificates, and rent receipts.

More information on the requirements will be included in the Federal Register notice.

The program “embraces the American principle that we should keep families together,” President Biden said previously.

The program is being launched about two months after the U.S. Supreme Court ruled against an appeal challenging decisions to deny spouses of U.S. citizens immigrant visas.

A U.S. citizen “does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country,” the nation’s top court ruled.

Justices ruled against U.S. citizen Sandra Munoz, the spouse of illegal immigrant Luis Asencio-Cordero. He was denied an immigrant visa because authorities believed he was a member of the MS-13 criminal organization.

Mr. Asencio-Cordero denied having any gang affiliation.

Justice Sonia Sotomayor said in a dissent that “marriage is not an automatic ticket to a green card” but that “excluding a citizen’s spouse burdens her right to marriage, and that burden requires the government to provide at least a factual basis for its decision.”