Several members of US Congress call on Biden administration to protect documented dreamers

MUMBAI: A bipartisan group of 43 members of the US Congress in a letter have called upon the Biden administration to take administrative action to protect documented dreamers.
Pending legislative change, this group had suggested measures like deferred action and parole to protect over 2.5 lakh documented dreamers. In the context of the Indian diaspora, more than a lakh children are expected to age out before their parents obtain a green card, owing to the decades-long employment-linked green card backlog.
Once children of parents on non-immigrant visas (such as those holding H-1B visas) turn 21, they can no longer continue with their H-4 visa, which is meant for dependents. On ageing out (attaining the age of 21) these children who are referred to as documented dreamers have no option but to obtain an F-1 visa meant for international students, which comes with its own challenges such as limited work opportunities while a student and higher fees. The only other alternative is to self deport to India or another country. Many of these children grew up in the US and have little or no connection with their home country.
According to an earlier analysis by David J Bier, director of immigration studies at Cato Institute, as of March 2023, the employment-based green-card backlog from India (EB-2 and EB-3 skilled category) had reached 10.7 lakh, and nearly 1.34 lakh children were expected to age out before a green card was obtained. Indians dominate the backlog because green cards are not issued proportionally to the number of pending applicants in each country but rather limited arbitrarily at 7% per nation of birth – this in turn with children at risk of ageing out can split families apart.
Over the past few years, immigration reform bills, which included lifting the country-caps for employment-linked green cards have not fructified. The bi-partisan group is led by Senator Alex Padilla and Representative Deborah Ross, who had spearheaded the America’s Children Act, to protect documented dreamers.
“These young people grow up in the United States, complete their education in the American school system, and graduate with degrees from American institutions,” states the letter. “However, due to the long green-card backlog, families with approved immigrant petitions are often stuck waiting decades for permanent resident status.”
The letter adds: “While we continue to pursue legislative solutions to permanently protect these individuals, such as the bipartisan and bicameral America’s Children Act of 2023, we urge you to take administrative action to protect the thousands of children who may be forced to self-deport each year.”
Specifically, the lawmakers made three recommendations to help address the ongoing threats documented dreamers face.
Deferred action is a discretionary determination to defer removal of an individual as an act of prosecutorial discretion. USCIS recently updated its policy manual to clarify that it would consider deferred action for individuals with approved Special Immigrant Juvenile Status petitions who cannot adjust status because a visa number is not available. USCIS should similarly clarify the applicability of deferred action to children of long-term visa holders on a case-by-case basis where discretion is warranted.
The Department of Homeland Security (DHS) should authorize employment for additional categories of nonimmigrants, including child dependents, in any category for which the spouse of the primary visa holder is authorized to work, as well as nonimmigrants with an approved I-140 petition who are stuck in the green-card backlog. DHS should also expand eligibility for a compelling circumstances Employment Authorization Document (EAD) to include children who are aging out. According to USCIS, a compelling circumstances EAD is a “temporary stopgap measure intended to address particularly difficult situations, including those that may have otherwise forced individuals on the path to lawful permanent residence to abruptly stop working and leave the United States.” Currently, only principal applicants of certain employment-based petitions and their dependent spouses and children are eligible for a compelling circumstances EAD. We urge DHS to include children of long-term visa holders who are raised in America in any expansion of eligibility for compelling circumstances EADs.
USCIS has authority to grant parole on a case-by-case basis for urgent humanitarian or significant public benefit reasons. We urge USCIS to create a process to allow children of long-term visa holders who have aged out to seek parole on a case-by-case basis, if warranted for urgent humanitarian reasons or to advance a significant public benefit.
Dip Patel, founder of ‘Improve the Dream’, an organization of documented dreamers posted on ‘X’: “The economic case is clear, the moral case is clear, and it’s common sense. With bipartisan support, this must be prioritized in any executive action consideration.”
Times of India, in the past, has covered many case studies, showing the challenges and emotional turmoil faced by children who are about to age out. Improve the Dream has posted Hardik’ Mathur’s case. He was selected for the USA cricket under-19 team, but was unable to play due to a lack of social security number – needed to enable the US cricket board to pay him. He is currently a student at UC Irvine studying computer science and cybersecurity. As a child of a long-term visa holder, he is at a risk of aging out and being forced to leave.
There are lakhs of children like Hardik, for whom the only ray of hope lies in legislative change or if not – administrative change as suggested in the letter.