Documented Dreamers, children of long-time visa holders who came to the United States legally and are at the risk of being deported. / X/@ImproveTheDream

Washington, D.C.– In an expected move, President Joe Biden announced two new immigration policies aimed at expanding lawful immigration pathways and keeping families to reform the U.S. immigration system.

Highlighting the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) program, the President praised its impact on more than 800,000 DREAMers, who have been able to work, study, and contribute to the community.

In a significant policy shift Biden said that the Department of Homeland Security (DHS) will introduce a new process to help U.S. citizens with non-citizen spouses and children apply for lawful permanent residence without leaving the country. This initiative is designed to protect approximately half a million American families and 50,000 non-citizen children under 21.

A Senior White House official explained that the eligible individuals must have lived in the U.S. for at least ten years, be married to a U.S. citizen, and meet specific security criteria. This measure aims to prevent the prolonged separation of families, which has historically deterred many eligible non-citizens from applying for permanent residence.

Further enhancing the administration's support for DREAMers, Biden announced that the DHS and the Department of State will now allow for DACA recipients to be eligible for high skilled visas such as the H1B visa. This policy aims to give DACA recipients a possible path to Legal permanent residency and US Citizenship.  
Biden said, this announcement underscores his commitment to utilizing existing legal authorities to improve the fairness and functionality of the immigration system.

However, Senior White House officials reiterated that comprehensive immigration reform requires legislative action from Congress to address the broader challenges and needs of the U.S. immigration system.

The Biden Administration, however, omitted Documented Dreamers — children of long-term visa holders legally residing in the US — who are trapped in a lengthy green card backlog that has persisted for over a century. Approximately 250,000 such children were excluded from these recent executive actions, leaving them at risk of self-deportation and sparking a strong reaction from the Indian American Community.

Just last week, 52 elected officials on Capitol Hill signed a bipartisan letter urging the Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS) to issue guidelines safeguarding Documented Dreamers. The letter specifically called for executive actions, like parole and employment authorization documents, which the agencies have successfully implemented for other immigrant groups, to be extended to Documented Dreamers. Furthermore, the letter requested that EADs be issued to individuals with approved I-140 mired in the challenging green card backlog. 

Improve the Dream, an organization advocating for Documented Dreamers' protections, issued a statement asking for parallel actions to be announced for children of long term visa holders and families in the green card backlog. It said, “The admin states it is in our national interest to ensure that individuals who are educated in the U.S. can use their skills and education to benefit our country but ignores the thousands of American raised and educated children being forced to leave despite having lawful status. We were also excluded for protection from the 2012 DACA program, solely because it required having unlawful status.”

Reeta Batra (name changed), a documented dreamer nearing the age limit, expressed deep disappointment with the Biden Administration. She arrived in the US at the age of 7, graduated from high school, and obtained a US college degree, as highlighted in the new executive order. However, she believes that being a lawful visa dependent has somehow become a disadvantage in the intricate US immigration system.

Khanderao Kand, an Indian American leader and chairperson of FIIDS, was also disheartened. He urged President Biden to extend equal dignity and parity to children of documented, tax-paying legal immigrants by granting them EADs when they are at risk of aging out while their parents await Green Cards. He also called for EADs to be issued promptly to those who have been waiting for years after receiving their I-140 approvals.

Social media was inundated with expressions of frustration, disappointment, and disbelief from Indians in the US following the announcement. Approximately 900,000 individuals approved for green cards are unable to obtain them due to the dysfunctional immigration system. One user directed their disappointment towards Neera Tanden, a Biden advisor and member of the Domestic Policy Council, tagging her in a post. They criticized her for allegedly misleading immigrants the day prior at a USISPF event, where she suggested that Biden's executive actions would ease their hardships.

According to a source familiar with Capitol Hill, Pramila Jayapal, who was seen as sharing credit for the President's new executive order, declined to endorse the bipartisan letter advocating for equal protections for documented dreamers. This prompted questioning from Twitter users about her actions and the legitimacy of the so-called Samosa Caucus.

Utsav Chakarborty, a US-based activist advocating for Indian American issues, also highlighted what he viewed as a glaring example of deliberate ignorance by the Biden administration. He further commented, stating, "It is troubling to witness immigrants of Indian origin, many of whom are Hindus, enduring ongoing discrimination despite their status as legal, tax-paying, law-abiding residents of this nation. We must eventually inquire: What motivates this persistent bias?"

When questioned about whether the Biden Administration plans to issue another executive order this year to protect documented dreamers and long-term visa holders awaiting green cards, a senior White House official responded that they currently have no announcements to make on that matter. The White House's response and lack of action have left Indians in the US susceptible to potentially severe immigration policies expected if Trump were to be reelected in November.