A bipartisan group of 43 members of the US Congress have called upon the Biden administration to take administrative action to protect documented dreamers. Pending legislative change, this group in a detailed letter have suggested measures like deferred action and parole to protect over 2.5 lakh documented dreamers, of which more than a lakh are estimated to be children from Indian families.
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 aging 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, or self deport to India or another country. Over the past few years, immigration reform bills, which included lifting the country-caps for employment-linked green cards have not fructified.
The group is led by Senator Alex Padilla and Representative Deborah Ross, who had spearheaded the America’s Children Bill. “While we continue to pursue legislative solutions to permanently protect these individuals, we urge you to take administrative action to protect the thousands of children who may be forced to self-deport each year,” the letter said. The measures suggested include use of deferred action on a case-by-case basis, for children of long-term visa holders who age-out; expanding eligibility for employment authorisation to child dependents of visa holders and those with approved 1-140 (green card) applications; and lastly create a process for aged-out children to seek parole on a case-by-case basis, if warranted for urgent humanitarian reasons or to advance a significant public benefit.
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