U.S. President Joe Biden’s new immigration policy has been mischaracterized in social media posts as though it would grant citizenship to undocumented immigrants who could then vote in the 2024 presidential election.
Biden on June 18 announced new actions that include easing the process for eligible noncitizen spouses of U.S. citizens to obtain lawful permanent residence (LPR), a status that does not confer the right to vote in federal, state and most local elections.
The new program will be open to an estimated 500,000 noncitizen spouses of U.S. citizens and about 50,000 children with a U.S.-citizen parent.
“If you can’t beat Trump, cheat,” reads part of a post on Instagram. Some comments interpreted the move as giving undocumented migrants the right to vote, with one saying, “The Constitution doesn't say anywhere that illegals can come in and have the right to vote. Biden is giving the US away.”
RODRIGUEZ SEGMENT
Nowhere in the interview did Rodriguez say the policy would grant citizenship to undocumented immigrants.
A Biden campaign spokesperson referred Reuters to U.S. Department of Homeland Security (DHS) on official policy. A DHS spokesperson said in an email: “Due to restrictions under the Hatch Act, we cannot comment on statements made by political campaigns.”
BIDEN POLICY
Noncitizen spouses of U.S. citizens are already permitted to apply for LPR, also known as a Green Card, via what is called an Adjustment of Status. In most cases, immigrants who entered the country illegally must leave the U.S. for years before returning legally.
Biden’s action states it will help eligible noncitizen spouses and children of U.S. citizens apply for LPR without leaving the country.
Eligible noncitizens must have been present in the U.S. without admission or parole for at least 10 years as of June 17 and married to a U.S. citizen by that date, according to a DHS Fact Sheet .
NONCITIZENS CAN’T VOTE
Noncitizens, including those with LPR, cannot vote in federal, state, and most local elections, according to the U.S. General Services Administration.
A noncitizen spouse of a U.S. citizen who obtains LPR must typically wait three years before being eligible to apply for citizenship via the naturalization process, according to USCIS, which also published data (see Form N-400) that shows the median processing time for naturalization applications was between five and 10.5 months in 2022-2024.
Trump’s campaign had said in response to Biden’s policy that he is “giving mass amnesty and citizenship” to “illegals who he knows will ultimately vote for him.”
U.S. House Republicans have targeted noncitizen voting, which is illegal and rarely happens, and connected the issue to a surge in migrants entering the country illegally via the U.S.-Mexico border.
VERDICT
Missing context. Biden’s new immigration policy does not grant citizenship to undocumented immigrants but eases the process for eligible noncitizens to obtain lawful permanent residence, a status that can’t vote in federal elections.
This article was produced by the Reuters Fact Check team. Read more about our fact-checking work.
