Thousands of Wisconsinites Could Benefit from New Immigration Laws | Government

Thousands of Wisconsinites could qualify for relief under a new policy introduced this week by President Joe Biden’s administration that would give undocumented immigrants married to U.S. citizens a path to citizenship.

The White House announcement marked a significant departure from current rules that experts say could cost immigrants and their families time, money and heartache — or put them at risk of deportation.

In Wisconsin, an announcement is no small thing. The Migration Policy Institute estimates that there are 70,000 undocumented immigrants in Wisconsin, most of whom are employed in manufacturing, agriculture and construction.

This is especially true for the state’s dairy farms, where undocumented immigrants routinely work, according to a 2023 report from the UW-Madison Workforce School. This created new coalitions advocating for immigration issues in the state.

However, Wisconsin remains one of 34 states where people in the U.S. cannot obtain a driver’s license without a permit. If people gain permanent residency under Biden’s program, they will also be able to obtain documents that allow them to drive legally.

Erin Barbato, director of the Immigrant Justice Clinic at the University of Wisconsin Law School, noted that it would be a boon to communities across the state.

“For the people of Wisconsin in particular… these are important people in all of our industries and in our communities (and they) will take enormous burdens off their lives and allow families to have a much less harmful immigration process,” Barbato said.

Christine Neumann-Ortiz, executive director of Voces de la Frontera Action, said an estimated 28,000 families in Wisconsin have mixed immigration status, meaning family members have different citizenship and immigration statuses. This could be an undocumented spouse married to a U.S. citizen, as Biden’s agenda would include.

They could also be undocumented parents with citizen children who are not covered by Biden’s Path to Citizenship program.

Typically, undocumented spouses of citizens have a few different options, Barbato said.

After getting married, a person must return to their home country to try to obtain an immigrant visa. But under a policy introduced in the 1990s, a person who entered the United States without authorization must leave the country for ten years before he or she can return.

Another option to avoid a ten-year sentence is to apply to have the sentence waived if the person can demonstrate that separation from family or work would cause significant hardship. However, it can take years to process waiver applications.

Even if a person is approved, they still need to obtain a visa, which requires interviews and other formalities in their home country. According to Amanda Gennerman, an immigration attorney in Madison, the entire process could take up to five years.

This means that many undocumented immigrants are willing to remain in the U.S. with their families and risk deportation.

“The public does not understand the unnecessary burden placed on these families,” Barbato said. “I think even in the case of a U.S. citizen spouse, the general public thinks this is a very easy way for someone to obtain lawful permanent residence. But it’s not; “It’s never been like this.”

Under a policy unveiled by Biden this week, spouses without legal status can apply for permanent residence without having to leave the United States, using a policy called “conditioned parole.”

According to Gennerman, a similar process already exists for undocumented spouses, parents or children who are on active duty, or family members who are veterans of U.S. military service.

Biden’s new policy will create an option for people who got married before June 17, who have lived in the U.S. for at least 10 years and are not considered a security risk — though what exactly that means remains unclear. This would also apply to their children if they are under 21 years of age.

According to the White House, those eligible for the program will have been in the United States for an average of 23 years. People who apply will be able to work until their application is considered.

“This will have a very significant impact,” said Neumann-Ortiz of Voces de la Frontera Action. “This is really a response to the demands of the immigrant rights movement.”

Voces de la Frontera Action is a nonpartisan Wisconsin organization that advocates for immigration reform and endorses political candidates.

Neumann-Ortiz expressed disappointment that the announcement did not include undocumented parents of U.S. citizen children.

“I and others are celebrating this milestone that will put people on a path to citizenship, stability and security, but it’s not for everyone, so it’s certainly bittersweet because a very large group of people have been left out,” Neumann-Ortiz said. “In particular, we really hoped and pushed for the inclusion of children who are U.S. citizens with undocumented parents.”

Although this group was omitted, Biden’s announcement included other immigration changes. Another initiative makes it easier for children who came to the U.S. illegally with their parents, a group called “Dreamers,” to obtain long-term U.S. work visas

People who were young when they enrolled in the Deferred Action for Childhood Arrivals program under the Obama administration are now much older, often with families, homes and jobs, and sometimes at the top of companies or nonprofits.

Dreamers must apply every two years to maintain U.S. residency even as the DACA program faces uncertainty, the Cap Times reported in its May 29 cover story. You can seek permanent residency through a spouse or family connection, but Biden’s action would allow people to gain more established status through an employer as well.

Business groups welcomed the policy because many of them advocated allowing people who had been in the U.S. for a long time without status to work.

“We are facing a talent emergency, and in Wisconsin alone, nearly 6,000 DACA recipients are ready to help solve this problem,” Greater Madison Chamber of Commerce President Zach Brandon said in a written statement. “We appreciate President Biden’s leadership on this issue and hope this is a step toward congressional action for a lasting solution.”

However, there is considerable uncertainty surrounding the program, even though many families and groups welcomed the news.

Biden’s executive actions will almost certainly be challenged in court. And because of the way the program is designed, it could be reversed by the next president.

Full details of the program are not yet known and it will likely be months before people can start applying. It’s also unclear whether the Biden administration will devote more resources to ensuring the program can process applicants quickly when the time comes.

The program isn’t up and running yet, so no one should apply or pay any fees, Gennerman said.

“That’s what skilled immigration lawyers are telling our communities: ‘Don’t do anything yet,’” she said.

The move comes amid Biden’s campaign to serve another four years in the White House, with immigration emerging as a key issue in his race against former President Donald Trump.

The new rules for undocumented spouses of citizens and DACA recipients come at the last minute for Biden as he nears the end of his term after campaigning on immigration reform in 2020.

“The Biden administration must win over Latin American and immigrant voters, as well as those in the immigrant rights movement who were key to his victory in 2020 here in Wisconsin,” Neumann-Ortiz said. “He must have done something significant that would change their lives in the run-up to the election. So it’s late, but that’s encouraging. It was necessary.”

Earlier this month, Biden introduced a more conservative immigration policy to end asylum at the U.S.-Mexico border if arrests for illegal entry reach a certain threshold. The move was criticized by immigrant rights groups and concerns were expressed that it would be ineffective.

Meanwhile, Trump has focused much of his campaign on Biden’s immigration policies and sharply criticized Biden’s latest announcement during a campaign event in Racine on Tuesday.

Barbato said that during the 2012 presidential campaign, she thought that even if Obama lost reelection to his rival, Republican challenger Mitt Romney, the DACA program might end, but it would have no negative consequences for those who they will report.

She’s less confident this time, saying “we live in a different world” amid Trump’s rhetoric about immigrants.

“I really think that people, if they’re going to go through this process, should think carefully about how they apply and seek legal advice before they apply to understand the risks that may be involved in applying,” Barbato said. .