Politics
Many immigrant spouses without legal status left out of Biden's plan despite deep U.S. ties
Almost as soon as President Biden announced a sweeping executive action in June to set more than 500,000 people on a path to U.S. citizenship, immigrants who won’t qualify under the plan began pushing to be included.
The new policy — unveiled before Biden dropped out of the presidential race as he was attempting to shore up progressive credentials — would shield from deportation undocumented spouses of U.S. citizens if they have lived in the country for the last decade, don’t have any disqualifying criminal convictions and pass a vetting process to ensure they pose no threat to public safety or national security.
The program would allow these spouses, many with children here and deep roots in their communities, to remain in the U.S. and work legally. They would also be allowed to access immigration benefits available to spouses of U.S. citizens. Biden cast the change as a moral imperative to keep families together, as well as an economic benefit to bring more workers out of the shadows.
Formal regulations to implement Biden’s policy could be released any day, with applications expected to open later this month.
But Biden’s proposal leaves out many people who immigration advocates say are equally deserving of protection, but fall short of the proposed criteria. That includes spouses who followed the current rules and voluntarily left the country to apply for reentry, and are now outside the U.S. A Biden administration official said last month that the issue was under review.
Other immigrants would be barred from participating in Biden’s plan due to decades-old border offenses or because they did not pass a U.S. consular vetting process.
Advocates for such families estimate that more than 1 million people married to U.S. citizens are unable to access the pathway to citizenship for various reasons.
Adriana Gutiérrez, 41, and husband José, 43, are among those who fall through the cracks of Biden’s program, which relies on an authority known as “parole in place.”
José, who asked that his last name not be used, entered the U.S. illegally more than 20 years ago. He met Gutiérrez almost immediately. They married and now live in the Sacramento area with their four children.
They’ve lived a quiet, law-abiding life. But attorneys advised them to not apply for a green card because they may instead bring unwanted attention to José’s situation.
That’s because shortly before the couple met, José had attempted to cross the border illegally using a cousin’s U.S. birth certificate. He was caught, deported and punished with a lifetime reentry ban. A few days later, he crossed back into the U.S. illegally.
“We’re together, but we’re living in this shadow,” Gutiérrez said. “It seems unfair that we’re having to pay such a harsh price for something that he did over 20 years ago.”
Others won’t receive protection under Biden’s plan because they tried to follow the previous immigration rules.
Immigrants who enter the country lawfully and marry U.S. citizens can obtain legal residency and, later, U.S. citizenship. But as a penalty for skirting immigration law, those who enter illegally and get married must leave the country in order to adjust their immigration status and usually wait at least a decade before being allowed back. In practice, many receive waivers that permit them to speed up the process and be reunited with their families.
Celenia Gutiérrez (no relation to Adriana) said her husband, Isaías Sánchez Gonzalez, left their Los Angeles home and three children in 2016 for a visa interview in Juarez, Mexico. He assumed he would be quickly readmitted and reunited with his family.
Instead he was barred from returning because, after the interview, a consular officer suspected he belonged to a criminal organization, a claim he denies.
“I dedicated myself to acting right. I never had any problems with the law or police,” Sánchez Gonzalez said. He believes the consular officer may have suspected his tattoos — of the Virgen de Guadalupe, comedy and tragedy theater masks, and the Aztec calendar — were gang related.
“I like tattoos, but if I had known the problems they would cause, believe me, I wouldn’t have gotten them,” he said.
After the denial, his wife, who was studying to be a nurse, was forced to defer her schooling and get a job to provide for two households while battling depression.
Sánchez Gonzalez, 46, now lives in Tijuana. His wife and children visit one or two weekends a month.
Celenia Gutiérrez, 41, believes her husband could have qualified for Biden’s spousal protections had he simply remained in the U.S. instead of attempting to rectify his legal status.
“We decided to get married so we could get his papers,” she said. “We didn’t want him to get deported. We tried to do everything good, and it still happened.”
Just before Biden announced the program, his administration fought a legal battle against a U.S. citizen from Los Angeles who similarly became separated from her husband after he went to El Salvador for a visa interview and was rejected, despite his assurances of having a clean criminal record.
The government alleged — based on his tattoos, an interview and confidential law enforcement information — that Luis Asencio Cordero was a gang member, which he denied. In June the Supreme Court’s conservative majority ruled against the couple, finding that Asencio Cordero’s wife, Sandra Muñoz, had failed to establish that her constitutional right to marriage extends to living with him in the U.S.
Due to the uncertainty of reentry, many immigrants have opted to stay in the U.S. and continue risking deportation.
American Families United, established in 2006 to advocate on behalf of U.S. citizens who are married to foreign nationals, is urging the Biden administration to offer a review of more complicated cases, including those of immigrant spouses in the U.S. who know they would face reentry barriers, and those who already left the country for a consular interview and were denied while abroad.
The group believes the vetting process and interviews by consular officials can be too subjective and unaccountable. Such decisions are rarely reviewable by federal courts, though immigrants denied while in the U.S. can appeal.
“We’re asking for discretion,” said Ashley DeAzevedo, president of American Families United. The organization has a membership list of nearly 20,000 people, most of whom are families with complex cases. “It’s very hard to have 10 years’ presence in the United States, be married to a U.S. citizen and not have some form of complication in your immigration history.”
In an interview last month with The Times, Tom Perez, a senior advisor to the president, said the administration has contemplated what to do about immigrants who attempted to legalize their immigration status and ended up separated. It’s unknown how many such families exist, he said.
“How do we deal with folks who actually followed the rules in place and are in Guatemala or wherever they might be?” he said. “That is an issue that is squarely on the table.”
Al Castillo, 55, a Los Angeles man who asked to be identified by his middle name, has been separated from his wife for two years, after she left the country to apply for permanent residency in accordance with the rules.
She hasn’t been denied reentry, but has found the bureaucratic process so complicated and nerve racking that she’s unsure whether she will be allowed to return or would qualify for protection under Biden’s program. Afraid to take the wrong step, she now finds herself in limbo, her husband said.
The rule, “unless it’s written in the right way, won’t be able to help us,” Castillo said.
When Biden announced the program, he said he wanted to avoid separating families.
“From the current process, undocumented spouses of U.S. citizens must go back to their home country … to obtain long-term legal status,” the president said. “They have to leave their families in America, with no assurance they’ll be allowed back in.”
Shortly after Biden announced the program, former President Trump’s reelection campaign slammed it. In a statement, the campaign’s national press secretary Karoline Leavitt called it “mass amnesty” and claimed it would lead to a surge in crime, invite more illegal immigration and guarantee more votes for the Democratic Party.
Meanwhile, Vice President Kamala Harris, who is now running against Trump, issued a statement calling the action “a significant step forward” and saying those who will benefit deserve to remain with their families.
On a call with DeAzevedo and other advocates last month, Rep. Lou Correa (D-Santa Ana) said that protecting immigrants who are married to U.S. citizens is an economic issue as much as it is about being on the right side of history.
“You want to keep the American economy strong?” he said. “We need more workers. And what better worker could you bring into the mainstream than those that have been here 10, 20, 30 years working hard, that have children, grandchildren, have mortgages to pay, have followed the law, paid their taxes?”
Politics
Trump Discusses Tax Cuts for New Yorkers With G.O.P. Lawmakers
President-elect Donald J. Trump reiterated his support for undoing a major provision of his 2017 tax law on Saturday when he told more than a dozen House Republicans at his Florida estate to come up with a plan for increasing the state and local tax deduction, according to four lawmakers who attended.
Republicans put a $10,000 cap on the deduction, often called SALT, during Mr. Trump’s first term to help cover the cost of the broader 2017 tax law they passed along party lines. The change upset lawmakers from both parties in high-tax states like New York and New Jersey, who have since made it a central political promise to restore a valuable deduction for residents in their states.
The yearslong quest to restore the deduction — or at least increase its limit — got a boost during the presidential campaign when Mr. Trump said he would “get SALT back.” But the House Republicans demanding an increase to the limit have not yet agreed among themselves on the details.
Some have called for raising the limit for the deduction as high as $200,000. Others have more modest ambitions, including a smaller increase in the deduction’s limit that would be paired with gradual hikes over time that match the pace of inflation. Right now, the $10,000 cap applies to both individuals and married couples, and the group seems in agreement that couples should take a larger deduction than individuals.
At the meeting on Saturday, House Republicans from New York, New Jersey and California offered a variety of ideas to Mr. Trump about how to address the issue, according to the attendees. Among the concepts discussed was the possibility of persuading local leaders to hold off on tax increases in return for a higher deduction for their residents.
“Maybe we increase the deduction, but maybe the deduction goes even higher if your state freezes or lowers the tax rate,” said Representative Nicole Malliotakis, a New York Republican and member of the Ways and Means Committee who attended the meeting. “These are all ideas we are entertaining.”
Mr. Trump largely listened to the House Republicans, who were served coconut shrimp and Trump-branded bottled water during the hourlong meeting, and asked the group to reach a consensus, the attendees said. Any proposed change would also need nearly unanimous support from other congressional Republicans, many of whom are skeptical of providing tax relief to largely high-income residents of states governed by Democrats.
Lifting the cap on the deduction is expensive, and Republicans are already grappling with the vast cost of the tax bill they plan to pass this year. Lawmakers have explored the possibility of limiting the ability of businesses to deduct state and local taxes from their federal bills to try to cover the cost of any changes.
“It can’t be unlimited, and we still need a cap,” said Representative Jeff Van Drew, a New Jersey Republican who attended the meeting. “We have to find that sweet spot.”
Politics
Trump tasks blue state Republicans with 'homework' as GOP plots massive conservative policy overhaul
President-elect Donald Trump is giving Republicans his blessing to negotiate on a key tax that could prove critical to the GOP’s negotiations for a massive conservative policy overhaul next year.
Trump met with several different groups of House Republicans at Mar-a-Lago over the weekend, including blue state GOP lawmakers who make up the House SALT Caucus – a group opposed to the current $10,000 cap on state and local tax (SALT) deductions that primarily affect urban and suburban residents in areas with high income and property taxes, such as New York, New Jersey, and California.
“I think it was productive and successful,” Rep. Nicole Malliotakis, R-N.Y., said of the meeting. “The president supports our efforts to increase the SALT deduction. He understands that mayors and governors in blue states are crushing taxpayers and wants to provide relief from the federal level.”
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But Trump also signaled he was aware of the opposition from others in the House GOP conference, particularly rural district Republicans, who have viewed SALT deductions as tax breaks for the wealthy. Before the cap was imposed in 2017, there was no limit to how much state income and local property taxes people could deduct from their income when filing their federal returns.
“He gave us a little homework to work on, a number that could provide our middle class constituents with relief from the high taxes imposed by our governor and mayor, and at the same time, you know, something that can build consensus and get to [a 218-vote majority],” Malliotakis said.
“I think we pretty much know that it’s not going to be a complete lifting of the SALT cap. There’s not an appetite within Congress or even among American taxpayers to lower taxes for the ultra-wealthy.
“Our efforts are really targeted to middle-class families, and that’s what we’re focused on in trying to achieve the right balance.”
The current SALT deduction cap has been opposed by New York and California lawmakers for much of its existence, since being levied in Trump’s Tax Cuts and Jobs Act (TCJA).
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Trump suggested he would change course during his second administration as early as September last year, when he posted on Truth Social that he would “get SALT back, lower your taxes, and so much more.”
The discussions are part of Republicans’ wider talks about passing a massive fiscal and conservative policy overhaul via a process known as “reconciliation.”
By lowering the Senate’s threshold for passage to a simple majority instead of two-thirds, the process allows the party in control of both houses of Congress and the White House to pass certain legislation provided it deals with budgetary and other fiscal matters.
Some pro-SALT deduction Republicans, like Rep. Mike Lawler, R-N.Y., had signaled they could withhold support from the final bill if the cap was not increased.
“The only red line I have is that if there is a tax bill that does not lift the cap on SALT, I would not support that,” Lawler told Fox News’ Sunday Morning Futures.
Lawler also said Trump agreed that SALT deduction caps needed to be raised.
House Republicans have virtually no room for error with a razor-thin majority from Trump’s inauguration until likely sometime in April.
Meanwhile, Trump also told New York Republicans that he would help them fight their state’s controversial congestion pricing rule that levies an added cost to drive in parts of Manhattan.
“He understands how unfair this is and how it would impact the city’s economy and the people we represent and so we’re currently working with him on legal options to reverse the rubber stamp of the Biden administration,” Malliotakis said. “If there’s a legal option, if there’s a legal option for him to halt congestion pricing, he will.”
“You have, you know, cops, police, firefighters, nurses, the restaurant workers that have to go in at odd hours, and they drive because they don’t feel that the transit system is clean or safe.”
Congestion pricing took effect in New York City earlier this month.
Fox News Digital reached out to the Trump transition team for comment on this weekend’s meeting.
Politics
Newsom suspends landmark environmental laws to ease rebuilding in wildfire zones
Landmark California environmental laws will be suspended for wildfire victims seeking to rebuild their homes and businesses, according to an executive order signed Sunday by Gov. Gavin Newsom.
Requirements for building permits and reviews in the California Environmental Quality Act and the California Coastal Act — often considered onerous by developers — will be eased for victims of the fires in Pacific Palisades, Altadena and other communities, according to the order.
“California leads the nation in environmental stewardship. I’m not going to give that up,” Newsom told Jacob Soboroff on NBC’s “Meet the Press.” “But one thing I won’t give into is delay. Delay is denial for people: lives, traditions, places torn apart, torn asunder.”
Dan Dunmoyer, president and chief executive of the California Building Industry Assn., said the governor’s action represents an early and strong statement about the future of these areas. Newsom is making clear, Dunmoyer said, that the state will encourage homeowners to go back to their neighborhoods rather than deem development there too risky.
“He’s put a marker down to say we’re going to rebuild these communities,” Dunmoyer said.
Waivers of the environmental quality act, known as CEQA, and the Coastal Act could shave years off the process for homeowners in the Palisades, he said, but building permits issued by local governments represent another major hurdle.
“Those two banner ones are important,” Dunmoyer said, referring to the state laws, “but if the locals don’t come up with an expedited process, that’s where it could get stuck.”
Newsom’s order calls for the state housing department to work with affected cities and the county to develop new permitting rules that would allow for all approvals to be issued within 30 days.
In the wake of the fires, housing analysts have renewed calls for the city of Los Angeles to speed up its processes. A 2023 study found that the average unit in a multifamily property in the city took five years to complete, with a substantial portion of that time related to bureaucratic approval.
Mayor Karen Bass has acknowledged the problems and pledged that the city will accelerate permitting.
“We are going to clear the red tape and unnecessary delays and costs and headaches that people experience in ordinary times so that we can rebuild your homes quickly,” Bass said at a news conference Thursday.
Bass reiterated the promise at a news conference Sunday morning, applauding the governor’s action, and said she plans to release details on the effort this week. L.A. County Board of Supervisors Chair Kathryn Barger, who represents Altadena, similarly lauded the governor’s executive order.
“I want to thank the governor for hearing my request and taking swift action to ensure that our residents will not be burdened by unnecessary requirements as they begin the process of recovery and rebuilding,” said Barger, a Republican.
However, many GOP members across the state said Newsom’s order was too little, too late.
“Wildfire victims deserve much more from Gavin Newsom. When his track record includes lying about and underfunding wildfire prevention efforts, he owes Angelenos answers on how he and local Democrat leaders could have been so unprepared for these devastating wildfires,” said California Republican Party Chairwoman Jessica Millan Patterson. “No more blame game and excuses. We need accountability from this governor, and we need it now.”
Environmentalists also noted that the governor’s executive order restates an existing provision in the Coastal Act that provides exemptions for fire rebuilds.
The California Coastal Commission, which is tasked with coordinating with local officials in enforcing the Coastal Act, noted last week that the state law already clearly lays out that reconstruction of homes, businesses and most other structures destroyed by a disaster are exempt from typical coastal development permits — as long as the new building is sited in the same location and not more than 10% larger or taller than the destroyed structure.
In the 2018 Woolsey fire, which devastated areas in and around Malibu, the commission coordinated with city and county officials to help homeowners rebuild. Coastal officials also noted that over the years, following other devastating natural disasters, the commission has processed hundreds of “disaster rebuild waivers” in other coastal areas that are directly regulated by the commission.
“When the time comes to rebuild, both the Coastal Act and the Governor’s Executive Order provide a clear pathway for replacing lost structures quickly and easily,” Kate Huckelbridge, the commission’s executive director, said in a statement. “Our hearts go out to all the residents of the L.A. area whose homes and communities have been destroyed by these horrific fires.”
President-elect Donald Trump and other conservatives have castigated Newsom and other Democratic leaders in California for embracing environmental policies that they argue laid the groundwork for this month’s historic destruction. Calling Newsom “incompetent,” Trump said he should resign, and made false statements about water being redirected to protect small fish and about Federal Emergency Management Agency policy.
“The fires are still raging in L.A. The incompetent pols have no idea how to put them out,” Trump wrote Saturday night on Truth Social, his social media platform. “Thousands of magnificent houses are gone, and many more will soon be lost. There is death all over the place. This is one of the worst catastrophes in the history of our Country. They just can’t put out the fires. What’s wrong with them?”
Trump’s transition team did not respond to requests for comment on Saturday.
Newsom, during the NBC interview, said he had asked the incoming president to come view the devastation in person, as Barger did Saturday.
“We want to do it in the spirit of an open hand, not a closed fist. He’s the president-elect,” Newsom said. “I respect the office.”
While noting that many of the buildings that survived the fires were more likely to be built under modern building codes, Newsom said he was worried about the amount of time it would take to rebuild. So his executive order eliminates some CEQA requirements, modifies Coastal Act provisions and ensures property tax assessments are not increased for those who rebuild.
CEQA was signed into law by then-Gov. Ronald Reagan in 1970 amid the burgeoning environmental movement. The Coastal Act was created after a landmark voter proposition in 1972 that was led by a fervent statewide effort to save the coast from unchecked development and devastating oil spills like the 1969 disaster in Santa Barbara that was considered the “environmental shot heard round the world.”
Both have faced challenges for decades, and governors of both parties have argued for more than 40 years that CEQA needs to be reformed. Several of the act’s requirements were temporarily suspended by an executive order issued by Newsom during the pandemic. He argues that now is the time again.
Asked on the news program whether this month’s wildfires are the worst natural disaster in the nation’s history, Newsom noted that recent fires had resulted in a greater loss of life but said, “I think it will be in terms of just the costs associated with it in terms of the scale and scope.”
He called for a California version of the Marshall Plan, the American effort to rebuild Western Europe after World War II.
“We already have a team looking at reimagining L.A. 2.0,” he said, “and we are making sure everyone’s included, not just the folks on the coast, people here that were ravaged by this disaster.”
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