President Obama
recently leaked plans to exercise his executive action in revising immigration
policy and procedure. One of his “ten
points” involves extending the application of “parole in place” (PIP) to assist
people in lawfully immigrating to the United States.
To
understand PIP you need to understand that immigration law treats people who
entered the U.S. legally differently than people who entered the country
illegally. Specifically, if a person
enters the U.S. states with a tourist visa, remains in the U.S. after the visa
expires and later marries a U.S. citizen, that person would be allowed to apply
for their green card while remaining in the U.S. and without having to risk indefinite
separation from their families or pay fines.
On the other
hand, a person who entered the U.S. illegally and later marries a U.S. citizen
is not able to apply for a green card in the U.S., but instead must leave the
U.S. and wait outside the country anywhere from seven days to ten years to
return to the country depending on how immigration decides to process the case.
Setting
aside the fact that it is silly to treat someone who is unlawfully in the U.S.
because their visa expired differently from someone who is unlawfully in the
U.S. because they entered the country without documentation to begin with,
Obama’s potential extension of PIP to people who entered the U.S. unlawfully
and are either married to U.S. citizens or have U.S. citizen children older than
21 is HUGE.
Now, what is
PIP? PIP is where immigration, in its congressionally
authorized discretion, grants permission to treat a case as if an intending
immigrant originally entered the U.S. with inspection, or with a visa. In essence, immigration waves its magic wand
and says: “It is now as if you entered with a visa and you can now apply for
your green card in the U.S. without risking prolonged separation from your
family.” PIP is not however, something
new. Immigration has used its discretion
to grant PIP to family members of people serving in the U.S. military for many
years. This is important to note because
it underlines the fact that President Obama is not making new law, he is simply
authorizing immigration to use the discretion congress gave it to a broader
range of people.
Currently it
is estimated that there are about 3,000,000 people who are in the U.S.
unlawfully, having entered the U.S. without documentation, are married to a
U.S. citizen or have a U.S. citizen child older than 21, who simply are not immigrating
under the current system because they would likely be separated from their
families for an indefinite period of time while the complicated, expensive, and
lengthy immigration process is pending.
Extending PIP to this category of people would make it possible for
3,000,000 people to come out of the shadows and immigrate to the U.S. lawfully
without fear of prolonged separation from family, thus it would be HUGE for
these people, and a huge step in bringing sense to an immigration system that
currently lacks common sense.
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