Are Biden's immigration moves at odds? Homeland Security chief says they can coexist
President Biden has drawn anger and praise from immigration advocates in recent days.
This week, Biden used his executive power to protect undocumented spouses of U.S. citizens from deportation and opened an easier path to legal status for them.
Yet, some advocates who cheered the latest move are currently suing the White House because of actions it took two weeks ago to severely restrict asylum access at the border for people who have traveled thousands of miles to plead their cases.
Biden’s chief immigration official, Homeland Security Secretary Alejandro Mayorkas, told NPR’s Leila Fadel that these two very different approaches can work together.
Mayorkas said this week's move “is about family unity and to provide [families] the stability that their contribution to this country so richly deserve," and added that it and the asylum restrictions recently put into effect, "can coexist and are not in tension with one another.”
The plan announced this week would grant work permits and “parole in place” to eligible undocumented people who are married to U.S. citizens and who have lived in the country for at least 10 years. It would also allow them a three-year window to apply for legal permanent status through their existing marriages. The plan also extends paths of legal status to undocumented minors and stepchildren of U.S. citizens.
“I think it's very important to understand that this is the president's approach from day one,” Mayorkas said. “The fact that we can take measures to secure our border, which is a national imperative, one that every country follows. And at the same time, take actions domestically here in the United States to make our system more fair and more just for those who have resided here for many years who are part of families.”
The following excerpt has been lightly edited for clarity.
Leila Fadel: Now, this would apply to about half a million people in the country, but since it was announced, it has been met with very loud criticism from Republicans saying this new plan is just blanket amnesty. Is it?
Alejandro Mayorkas: It is not. It actually changes a process for individuals who could qualify to become lawful permanent residents before yesterday's action. What this does is it changes the process.
Previously, undocumented spouses of United States citizens would have to leave the country in order to apply to become lawful permanent residents. Now, in an effort to keep families together, a core value of our country, we have made that process available so that they don't have to leave the country; they can stay with their U.S. citizen spouse.
Fadel: Now, you say this was the approach from day one, but this is a very polarizing and important topic to American voters. Why take these executive actions now at this high point in the election season?
Alejandro Mayorkas: This is not the first action that the president has taken to make our system more fair and just. Unfortunately and repeatedly, Congress has failed to take the action that is incumbent upon it to take because only Congress can legislate, provide the resources that we need, and fix what everyone agrees is a broken immigration system.
As a matter of fact, on day one of the administration, he presented Congress with a comprehensive legislative proposal to fix our broken immigration system. He has taken actions throughout the past three plus years. We have sought congressional action, never received it.
Fadel: Now, this new action this week was praised by immigrant advocates, but the Biden administration is being sued right now by the ACLU and others who will argue that with the administration violating federal law, with the action taken two weeks ago, specifically the 1980 Refugee Act. Basically, they're calling it an effective ban on asylum for people who don't show up at designated ports of entry. Is the administration breaking the law?
Mayorkas: No. No, it is not. We have confidence in the lawfulness of the actions that we take, including the action we took two weeks ago to strengthen the security of our border. And we have to keep in mind, in reviewing that action that we have provided, this administration has provided more lawful pathways for individuals to seek asylum in the United States than any prior administration.
The digital version of this story was edited by Obed Manuel.
Transcript
LEILA FADEL, HOST:
President Biden is walking a tightrope on immigration. This week, he used his executive powers to protect the undocumented spouses of American citizens from deportations, drawing praise from immigration advocacy groups. At the same time, some of those same advocates are suing the White House for actions it took just two weeks ago to restrict most asylum claims at the border. To understand why the administration is taking these two very different actions now, I'm joined by Secretary of Homeland Security, Alejandro Mayorkas. Good morning, Mr. Secretary.
ALEJANDRO MAYORKAS: Good morning, Leila.
FADEL: So on their face, these actions seem to take very different approaches. One protects people who've already been here 10 years from deportation - if they're married to Americans - and creates a path to citizenship. The other makes it much harder for people to seek asylum at the border. Mr. Secretary, how do these two policies work together?
MAYORKAS: I think it's very important to understand that this is the President's approach from Day 1 - the fact that we can take measures to secure our border, which is a national imperative, one that every country follows, and, at the same time, take actions domestically, here in the United States, to make our system more fair and more just for those who have resided here for many years, who are part of families - this is about family unity - and provide them the stability that their contributions to this country so richly deserve. Those two can coexist and are not in tension with one another.
FADEL: Now, this would apply to about half a million people in the country, but, since it was announced, has been met with very loud criticism from Republicans, saying this new plan is just blanket amnesty. Is it?
MAYORKAS: It is not. It actually changes a process for individuals who could qualify to become lawful permanent residents before yesterday's action. What this does is it changes the process. Previously, undocumented spouses of United States citizens would have to leave the country in order to apply to become lawful permanent residents. Now, in an effort to keep families together - a core value of our country - we have made that process available so that they don't have to leave the country. They can stay with their U.S-citizen spouse - and, so very often, their United States-citizen children - while they apply for relief. It is about keeping them together and eliminating the fear and uncertainty that leaving our country prompts.
FADEL: Now, you say this was the approach from Day 1, but this is a very polarizing and important topic to American voters. Why these executive actions now, in this high point in the election season?
MAYORKAS: This is not the first action that the President has taken to make our system more fair and just. Unfortunately, and repeatedly, Congress has failed to take the action that is incumbent upon it to take - because only Congress can legislate, provide the resources that we need and fix what everyone agrees is a broken immigration system.
This is not the first action the President has taken, and, as a matter of fact, on Day 1 of the administration, he presented Congress with a comprehensive legislative proposal to fix our broken immigration system. He has taken actions throughout the past three-plus years. We have sought Congressional action - never received it. Regrettably, the American public is in need of a fix to a system that hasn't been repaired for almost 30 years. And in the absence of Congressional action, the President consistently has demonstrated leadership and taken the action within his executive authorities.
FADEL: Now, this new action this week was praised by immigrant advocates, but the Biden administration is being sued right now by the ACLU and others, who argue that - the administration violating federal law with the action taken two weeks ago, specifically, the 1980 Refugees - Refugee Act. Basically, they're calling it an effective ban on asylum for people who don't show up at designated ports of entry. Is the administration breaking the law?
MAYORKAS: No. No, it is not. We have confidence in the lawfulness of the actions that we take, including the action we took two weeks ago to strengthen the security of our border. And we have to keep in mind, in reviewing that action, that we have provided - this administration has provided more lawful pathways for individuals to seek asylum in the United States than any prior administration.
FADEL: Homeland Security Secretary Alejandro Mayorkas. Thank you for your time and coming on the program.
MAYORKAS: Thank you, Leila. Transcript provided by NPR, Copyright NPR.
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