Last week, the Obama Administration announced implementation of a policy that will permit the undocumented spouses, parents and minor children of U.S. servicemen and women to remain in the country and work toward legal residency. Instead of facing deportation, immigrants who are the “immediate relatives” of active duty soldiers, sailors and airmen as well as veterans will be eligible to apply for “parole in place.”
Until now, “parole in place” has been a little-used form of discretionary relief. Under the newly announced policy, this relief has now been made available on a case-by-case basis to parents, minor children and spouses of veterans, as well as active military members. Once a request for parole in place is granted, the U.S. soldier or veteran may file an application for family-based permanent residence for his/her undocumented family member and that application can be processed and approved as if the beneficiary had entered the U.S. with papers.
According to the administration’s announcement, the policy will be applied broadly to include relatives of active-duty armed forces, to reservists, to the National Guard and to veterans. For immigration reform advocates, the Administration’s actions hint at the possibility of further exercises of executive power to circumvent the logjam that has characterized the immigration reform debate. But for the present, for our deserving servicemen and women, this policy means that they no longer have to live with fear that their undocumented family members will face deportation and years of separation.