43 US lawmakers ask Biden to protect ‘documented dreamers’

Ami Bera and Raja Krishnamoorthi join call to save children of long-term visa holders losing dependent status on turning 21

By Arun Kumar

A bipartisan group of 43 lawmakers, including Indian American Congressmen Ami Bera and Raja Krishnamoorthi, have called on the Biden Administration to take urgent action to protect the more than 250,000 Documented Dreamers, including several thousand from India, facing deportation on turning 21.

Despite growing up in the United States with legal status, children of long-term visa holders age out of their dependent status when they turn 21 and are often left with no choice but to leave the United States if they cannot transition to a new status.

This is because, in part, their families’ adjustment of status applications face extensive backlogs, preventing them from securing permanent resident status.

The lawmakers’ call to protect documented dreamers was made in a letter to Alejandro Mayorkas, Secretary of Homeland Security and Ur M. Jaddou, Director of US Citizenship and Immigration Services.

It was led by US Senator Alex Padilla, Chair of the Senate Judiciary Subcommittee on Immigration, Citizenship, and Border Safety, and Representative Deborah Ross. The letter was also signed by Senate Majority Whip and Chair of the Senate Judiciary Committee Dick Durbin.

The letter follows Padilla and Ross’ previous bipartisan legislative push to protect over 250,000 Documented Dreamers through America’s CHILDREN Act.

“These young people grow up in the United States, complete their education in the American school system, and graduate with degrees from American institutions,” wrote the lawmakers. “However, due to the long green-card backlog, families with approved immigrant petitions are often stuck waiting decades for permanent resident status.”

“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,” continued the lawmakers.

Specifically, the lawmakers made three recommendations to help address the ongoing threats Documented Dreamers face.

1. Clarify the use of deferred action on a case-by-case basis, where discretion is warranted, for children of long-term visa holders who age out of status.

2. Expand eligibility for Employment Authorization to child dependents of visa holders and those with approved I-140 petitions.

3. Create a process to allow long-term visa holders who age out to seek parole, on a case-by-case basis, if warranted for urgent humanitarian reasons or to advance a significant public benefit.