Tag: citizenship act of 2021

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Updates

Pathway to Citizenship Gaining Momentum

Pathway to Citizenship Gaining Momentum
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Congress Passes Budget Resolution Paving Way to Legalizing Certain Immigrants

On August 24, 2021 the U.S. House of Representatives passed the Budget Resolution on a 220-212 vote allowing a budget reconciliation bill to move forward in Congress. The budget resolution includes over $100 billion to support legalization programs for Dreamers, recipients of Temporary Protected Status, essential workers, and other eligible immigrants, as well as other reforms to the immigration system.

Both the House and the Senate instructed their respective Committees to draft reconciliation legislation including language that will provide a pathway to citizenship for eligible unauthorized immigrants.

A stand-alone bill to be passed in Congress requires a majority vote of the House of Representative and the usual 60 vote threshold in the Senate. With a politically charged immigration issue on the legalization of millions of undocumented, it may take a while before an immigration bill is passed into law. But a “reconciliation” process allows a simple majority to pass certain types of legislation evading a Senate filibuster. And since the current Senate is split 50-50 and the Vice President, who casts the tie breaking vote is a Democrat, a reconciliation bill could pass without any Republican support.

The immigration provisions on the budget reconciliation bill may not be the comprehensive immigration reform bill that has been anticipated for many years. While the language of the bill is still being drafted, nothing definite is to be expected but it is likely that certain categories of immigrants (basically the Dreamers, recipients of Temporary Protected Status, “essential” workers), may benefit from the immigration provisions of the budget reconciliation bill.

The “Dreamers” are the undocumented immigrants who came to the U.S. in 2019 or earlier, at 17 years or younger and are either in school or have completed the equivalent of a high school diploma. “Essential Workers” include those engaged in industries defined as “essential” by the U.S. Department of Homeland Security. The industries that essential workers support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, and law enforcement.

A final vote on the final Budget Reconciliation bill is expected in the coming weeks.

For further information, please contact Tancinco Law at www.tancinco.com, law@tancinco.com or by calling 1 888 930 0808.

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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.”

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Updates

2 Immigration Bills Benefitting Dreamers and Farm Workers Passed in the House

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The American Dream and Promise Act and the Farm Workforce Modernization Act were passed in House on March 19, 2021. These two measures need to pass the Senate before becoming law.

The American Dream and Promise Act would allow young undocumented immigrants to seek lawful permanent residency if they pass background checks and meet requirements related to education, employment or military service. Along with Dreamers, certain people with Temporary Protected Status or Deferred Enforced Departure would also be eligible. The bill passed on a 228-197 vote, with nine Republicans joining all Democrats in support. Over 2.1 million DREAMERS will benefit from this bill if passed into law.

The Farm Workforce Modernization Act was the other bill that was passed by the House. This measure would allow undocumented agricultural workers who pass background checks get temporary legal status that can be renewed indefinitely with continued farm employment. Veteran farm workers would have a path to seek lawful permanent residency. It won approval on a 247-174 vote, with 30 Republicans joining all Democrats in support.

The fact that two immigration bills passed in the House indicates that legislators are more likely to support a piecemeal approach towards immigration reform. Immigration advocates need to work together and urge their representatives in Congress to support the Citizenship Act of 2021, the bill that will, among other provisions, provide a pathway to U.S. citizenship to millions of undocumented immigrants who pass background checks and have been long time productive citizens.