New Biden policy offers hope for undocumented spouses of US citizens in South Florida

MIAMI – Undocumented individuals married to U.S. citizens in South Florida shared their optimism with Local 10 News following an executive decision aimed at simplifying their path to legal status.

Laura Kelley, an immigration attorney based in Doral, says she has been inundated with inquiries since news broke of President Joe Biden’s administration initiative designed to streamline the legalization process for undocumented spouses of U.S. citizens.

“These are not people who recently arrived at the border; these are individuals who have been here in excess of 10 years with strong family ties, including their U.S. citizen spouses,” Kelley said.

The initiative, she says, aims to alleviate bureaucratic hurdles that have long complicated the journey to legal status.

“This streamlines the process,” said Kelley.

Adan Arturo Lanza Figueroa, who said he fled from Honduras and married a U.S. citizen, shared his personal journey with Local 10 News.

“This has a lot of benefits for me and my husband,” he said. “I am undocumented and it was very difficult.”

(WPLG)

Similarly, Darguin Lopez, who married U.S. citizen Kelyn Gutierrez, said he was “very excited” about the new program.

(WPLG)

Kelley discussed the economic benefits of the new policy, highlighting that it would not only shield spouses from deportation but also grant them work permits.

“For individuals who fled their countries and started a life here, now married to U.S. citizens, this will enable them to utilize their skills legally,” Kelley said.

The new policy represents a significant shift for many families in South Florida, offering hope for greater stability and economic opportunity.

Kelley says the current time-consuming path to legality is encumbered with bureaucratic hurdles. Some have to leave the country to come back legally — separating families.

“As you can imagine, traveling abroad to a consulate, especially if that person has fled that country, can be extremely stressful,” she said.

The new policy she says will not only shield spouses from deportation but offer work permits.

“They fled for whatever reason from their countries (and) started a life here, now, (they) are married to a U.S. citizen, but really don’t have the ability to use their skill set because they don’t have work authorization,” Kelley said. “There is definitely a pro-economy benefit to all of this.’

Kelley also said the new Biden policy could also help lure back some families who left Florida following the passage of Senate Bill 1718.

“SB 1718 in 2023 really made things a lot more difficult for long-term undocumented individuals in South Florida,” said Kelley.

Florida Gov. Ron DeSantis who described the bill as the “strongest anti-illegal immigration legislation,” when he signed it into law last year, drove out of state some of Florida’s undocumented workforce that underpins major industry sectors like agriculture and hospitality.

Kelley says the Biden policy will not only shield spouses from deportation but offer work permits.

“There is definitely a pro-economy benefit to all of this because when people have work authorization, they have social security numbers, they are able to work, they are able to pay taxes, and they are able to drive with insurance,” she said. “This has a tremendous benefit for all of us.”

The application window for the new policy is anticipated to open toward the end of the summer, offering hope to thousands in South Florida’s immigrant community.


About the Author

Christina returned to Local 10 in 2019 as a reporter after covering Hurricane Dorian for the station. She is an Edward R. Murrow Award-winning journalist and previously earned an Emmy Award while at WPLG for her investigative consumer protection segment "Call Christina."

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