DALLAS — Javier Najera and his wife Selena Andrade sat in front of their TV on Tuesday.
The North Texas couple carefully listened as President Joe Biden announced a sweeping new executive action that would allow eligible undocumented spouses of U.S. citizens to have a pathway to U.S. citizenship without having to leave the country.
“It was very emotional,” Najera said in Spanish. “I got on my knees immediately and thanked God for this opportunity we’ve been given.”
The policy would benefit Najera and nearly 500,000 other undocumented immigrants in the U.S.
Andrade is a U.S. citizen, but the couple has been in the process of trying to obtain legal status for Najera over the last two years. Under the current immigration law, Andrade would have to leave the U.S. until he receives a letter of pardon, a process that could take years, according to the family’s immigration attorney Jaime Barron.
The fear of family separation weighs heavily on the couple and their young children.
“There won’t be as much fear for us anymore,” Andrade said. “We’re very happy, and we hope to God that we receive this help because it’s a very long process.”
Najera, who entered the U.S. illegally, hasn’t returned to his home country of Mexico in 25 years. He said if he’s able to obtain legal status under the new policy, he looks forward to visiting his aging parents.
Under the new policy, to qualify for permanent residence, applicants must have already lived in the U.S. for at least a decade and be married to a U.S. citizen – both as of June 17. They must also pass background checks.
If a qualifying immigrant’s application is approved, he or she would have three years to apply for a green card, receive a temporary work permit, and be shielded from deportation in the meantime.
Biden’s announcement of the immigration order comes two weeks after his attempt to limit asylum seekers crossing the southern border, a move that drew criticism from advocacy groups and Democrats.
Republicans have spoken out in opposition to the new executive order. Rep. Richard Hudson, chair of House Republicans' campaign arm, called the Biden policy a “mass amnesty plan.”
In an interview on Fox News, Texas Gov. Greg Abbott said the latest move from the president would be struck down by the courts.
“By granting this amnesty, what that shows to the entire world is come to the U.S. as quickly as you can because it’s possible that you, too, will be able to get amnesty,” Abbott said. “This is nothing more than a magnet that will actually increase illegal immigration.”
Barron told WFAA that the new protections for the undocumented community are not a form of amnesty.
“It’s a real process and not just a blanket forgive-all. It’s very different from an amnesty. What the president is trying to do is give a quicker, safer option for thousands of people who could’ve qualified anyway to get a green card instead of them having to file for a pardon, which will delay the case three to four years and have them travel abroad,” Barron said. “This allows them to finalize the process within the United States, that way they avoid the extreme hardship of family separation.”
The second executive action aims to streamline access to work visas. DACA recipients, or ‘Dreamers,’ young adults brought to the U.S. as children are eligible. Applicants must have earned their college degree and have a job offer.
Biden’s executive action is expected to take effect later this summer.