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Updates on Biden’s U.S. Citizenship Act of 2021

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The U.S. Citizenship Act of 2021 (H.R. 1177 and S.348) introduced in Congress by the Democrats on February 18 and 22, 2021 is currently referred to the Judiciary Committee for hearing and consideration. No significant action has been taken on this Biden bill since its introduction.

There are two stand-alone bills that were approved by the U.S. House of Representatives in the month of March 2021. These are the American Dream and Promise Act and the Farm Workforce Modernization Act. Both of the provisions of these bills are also included in the broader U.S. Citizenship Act of 2021.

The American Dream and Promise Act

On March 18, 2021, the U.S. House of Representatives passed the American Dream and Promise (H.R.6) by a bipartisan vote of 228 to 197. Nine Republicans voted yes with the Democrats. 

The Dream and Promise Act would grant Dreamers conditional permanent resident status for 10 years, and cancel removal proceedings if they:

  1. Have been continuously physically present in the U.S. on or before January 1, 2021;
  2. Were 18 years old or younger on the initial date of entry into the U.S.;
  3. Are not otherwise inadmissible.

The Farm Workforce Modernization Act

On March 18, 2021, the U.S. House of Representatives passed the Farm Workforce Modernization Act by a 247 to 174 vote. The passage was bipartisan with 30 Republicans voting yes with the Democrats; one Democrat voted against the bill.

This bill establishes a program for agricultural workers in the United States (and their spouses and minor children) to earn legal status through continued agricultural employment. The bill provides a process for farm workers to seek Certified Agricultural Worker (CAW) status—a temporary status for those who have worked at least 180 days in agriculture over the last 2 years. CAW status can be renewed indefinitely with continued farm work (at least 100 days per year). 

Both the American Dream and Promise Act and the Farm Workforce Modernization Act must be passed before the Senate before it becomes effective as legislation. The Senate must pass these bills with bi-partisan support. Given the support of the Republicans (9 Republicans on the Dream Act and 30 Republicans on the Farmworker bill), we are optimistic that these bills will also pass in the Senate. 

We are monitoring progress of the U.S. Citizenship Act of 2021 where various committees including the Judiciary Committee must recommend approval of the bill after examining all the provisions. If approved it will provide, among others, pathways to citizenship for millions of unauthorized immigrants once passed into law. This is a 353-page bill that would revamp the outdated immigration law which has not been updated in 30 years. The bill states as its purpose “to provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.”