According to guidelines published by the Department of Homeland Security on Friday, President Biden’s “parole program” for immigrants married to U.S. citizens who are in the country illegally can be applied to anyone who is defying court orders to deport.

The program will begin on Monday.

The program is expected to cover at least 500,000 immigrants who claim they have lived in the U.S. since the last decade and have married an American citizen. Up to 50,000 children of illegally-residing migrant spouses are expected to qualify.

The program is available to those who are facing deportation proceedings or have been ordered to be removed, but remain fugitives.

The guidelines state that even if you’re in removal proceedings, or have a removal order, you might still be eligible for parole.

Some experts claim that this program is “amnesty”, since it can delay or cancel an imminent deportation.

The groups working for immigrants’ rights had eagerly awaited the new guidelines, hoping to start filing applications as soon as possible next week. Some organizations are planning sign-up sessions.

U.S. Citizenship and Immigration Services has stated that applications must be submitted online. The agency has created a virtual division to deal with the cases. However, the hiring process moves slowly.

Many aspects of the program remain unclear, including how much it costs to apply and which crimes will be ignored.

The guidelines state that migrants with “disqualifying criminal histories” are not eligible, but they don’t specify what disqualifies.

This is usually part of a regulatory filing that’s published in the Federal Register. However, as of Friday morning, almost two months after Biden announced the new program, and just one day before the first applications are accepted, no such filing was made.

Rosemary Jenks is the policy director of the Immigration Accountability Project. She said that the program was rushed to avoid the election of Donald Trump, the former president.

“The biggest time crunch for them is to get as many people in this program to create an interest of reliance before January,” said Ms. Jenks.

The reliance interest refers to a Supreme Court decision on an earlier deportation amnesty granted to “Dreamers,” or immigrants who entered the U.S. illegally as children. In a ruling in 2020, the justices shot down an attempt by the Trump administration to shut down the program. They argued that the migrants who were already enrolled in the program had a reliance-interest in its continuation.

Ms. Jenks predicted that the program was also subject to fraud. She predicted that migrants would create and backdate sham weddings or find a way to fake 10 years of presence in the U.S.

The program is based on the power of parole that belongs to Homeland Security Secretary. This is a “case-by-case” grant of leniency to someone who does not have a legal right in the U.S. It’s only supposed to happen when there is an “urgent humanitarian need” or a “significant” benefit to society.

The guideline welcomes migrants who qualify for any of the conditions to explain their situation.

For proof of residency, applicants may use documents such as tax records, school records, medical records, or financial records like money transfers. As proof, “organizations” can also certify the applicant’s presence.

The Parole Act allows undocumented immigrants to stay in the U.S., obtain a work permit, a Social Security number and certain taxpayer benefits.

Officials in the administration say that immigrants who marry U.S. citizen spouses without documents already have a pathway to citizenship. However, they would have to go home and get a visa to convert to legal status. The new parole program allows these immigrants to avoid going home.

The agency stated that “Non-citizen spouses or stepchildren who have been granted parole through this process, and who meet additional eligibility requirements, may apply for legal permanent residence on the basis of their relationship with their U.S. Citizen spouse or stepparent,” without having to leave the United States.