On February 18, 2021, more than a month from the inauguration of President-elect Biden, the U.S. Citizenship Act was introduced before the 117th Congress that proposes to establish a path to citizenship for certain undocumented individuals. More than 11 million unauthorized immigrants were hopeful and felt that finally an opportunity to legalize was on the horizon. But this bill remained at the Sub-Committee on Citizenship and Immigration without any positive development. There were attempts by Democrats to include provisions in the budget reconciliation package last year, but all were rejected by the Senate parliamentarian, and the overall plan remains in flux.
Fast forward to February 8, 2022, a freshman Republican Rep. Maria Elvira Salazar (R-Fla) introduced before the House the Dignity Act – an immigration bill that would allow millions of undocumented immigrants to receive legal protections and eventually a possible path to citizenship. Under this Act, undocumented immigrants who have lived in the U.S. for at least five years would be allowed to work legally while paying $1,000 annually into a new fund supporting job training for American workers.
After 10 years, the immigrants would be eligible for a 5-year “redemption program” requiring civics education and community service, and could be considered eligible for citizenship through existing procedures for naturalization. The DREAMERs and those in Temporary Protected Status will be able to adjust status to lawful permanent residency under this proposed bill.
While this may benefit unauthorized immigrants, there are controversial provisions that are included in the Dignity Act – it has tough enforcement provisions in terms of increasing border security. It includes making E-verify mandatory, ramping up the use of border protection technologies, hiring more personnel and restarting the construction of physical border barriers.
Interesting to note is that no Democrat had signed into this proposed legislation. It could be a starting point to open dialogue on these immigration issues again but with the controversial provisions, it may be facing opposition from the other party. Let’s see where this Dignity Act is headed, and hopefully, it is not just a political maneuvering but a good faith attempt to reach the much awaited immigration reform.
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.
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.
As President Joe Biden takes his oath of office on January 20, 2020, the immigrant community is looking forward to a new vision of the United States as a more welcoming country. After 4 years of cruel and inhumane immigration policies specifically relating to asylum restrictions, interior enforcement and separation of children at the border, a more compassionate administration is taking over. President Biden plans to rescind asylum restrictive policies, reform the parole programs and improve the immigration system, among others.
Below are some of the main focal points of the proposed immigration changes.
Pathway to Citizenship for the 11 Million Unauthorized Immigrants
On his first day of office, President Biden will roll out a comprehensive immigration bill that will provide a pathway to U.S. citizenship for long time residents and those who have been present in the United States without legal status. The bill will cover those immigrants who have been in the United States as of January 1, 2021. The proposed legislation will have an eight (8) year pathway where qualifying immigrants will have temporary status for five(5) years and then they will be granted green cards after meeting certain qualifications which is payment of taxes and background checks among others. After being granted green cards, these immigrants will be able to apply for citizenship three (3) years thereafter.
Deferred Action for Childhood Arrivals (DACA) recipients and those in temporary protected status (TPS) program have a faster route to citizenship. They can apply for a green card immediately. DACA recipients are the children who arrived in the U.S. at a young age and have had no lawful status. With the DACA program, they are protected from being deported. TPS, on the other hand, refers to those immigrants from strife torn countries many of whom are from El Salvador.
100 Days Moratorium on Deportation
President Biden promised a moratorium on deportation during his first 100 days in office. Unlike the prior Trump administration where there was intense interior enforcement that caused fear in the immigration community, a moratorium on deportation will mean a more compassionate approach to dealing with unauthorized immigrants and most especially for those who have strong family ties in the United States and who do not have criminal case histories.
Reversing Trump’s Proclamations
President Biden pledged to move quickly to reverse several Trump proclamations. A memorandum is expected to be issued on his first day that will delay for 60 days the implementation of last minute regulations promulgated in the last days of the Trump presidency.
Three Presidential Proclamations must be reversed immediately. First, the two Presidential Proclamations (10014 and 10052) signed in April 2020 and June 2020 suspended entry of certain immigrants and non-immigrants to the United States following the 2019 Novel Coronavirus Outbreak. With certain exceptions, the latter Proclamation 10052 curtails the ability of H1B visa, H2B visa and L1 visa and certain categories of the J visa from entering the United States. These two proclamations while they were issued during the pandemic to avoid risk to the U.S. labor market are more a restriction on the entry of lawful immigrants especially for parents and adult children of U.S. citizens. Trump extended these two proclamations to be effective until March 31, 2021.
Aside from these Presidential Proclamations, there is also the October 2019 Proclamation referred to as the Uninsured Ban. This proclamation bars entry of immigrants without “approved” health insurance. Obviously, this was meant to curb legal immigration by making it harder for low income immigrants from reuniting with their immediate family members in the US.
The U.S. Court of Appeals upheld the legality of these bans. President Biden must act to immediately reverse this Proclamation. However, despite a firm intent to invalidate Trump’s proclamations, it may not be a smooth process for the Biden administration given prior Court rulings. Reversing proclamations require the government to address the scope of authority and rationale behind the policies.
Bill Must Be Passed in Congress
The Biden Administration has a considerable number of priorities in his first 100 days. With the number of COVID-19 related casualties rising each day, President Biden will surely prioritize the Covid-19 issue and take clear measures to deal with the pandemic crisis. While the proposals and plans to change immigration policies are positive developments contrary to the prior anti-immigration agenda, it may not be easy to implement them without legislation passed in Congress. The hope is that the Democratic controlled Congress led by Speaker Pelosi and Majority Leader Schumer must take active roles in prioritizing the passage of the Biden immigration reform bill.
An additional six months of extension for the designations of Guinea, Liberia and Sierra Leone for Temporary Protected Status (TPS).This extension has been done by Jeh Johnson, Secretary of Homeland Security. Though there have been major progresses in the conditions in all three countries since their designations for TPS in November 2014, the enduring effects of the Ebola Virus Disease outbreak and continued recovery challenges support this six-month extension
The extended designation is effective May 22, 2016, through Nov. 21, 2016. U.S. Citizenship and Immigration Services (USCIS) encourage beneficiaries to re-register as soon as possible. TPS extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Nov. 21, 2016.
Submission Process for Re-registering for TPS:
To re-register, current beneficiaries should submit the following forms:
Form I-821, Application for Temporary Protected Status (re-registrants do not need to pay the Form I-821 application fee)
Form I-765, Application for Employment Authorization, regardless of whether they want an EAD
The Form I-765 application fee (or a fee-waiver request) only if they want an EAD. No application fee is required if the re-registrant does not want an EAD.
The biometric services fee (or a fee-waiver request) if they are age 14 or older.
Submission Process for Individuals who still have a pending initial TPS Guinea, Liberia or Sierra Leone application:
New Form I-821 is not needed for the individuals who still have a pending initial TPS Guinea, Liberia or Sierra Leone application. However, if they currently have a TPS-related EAD and want a new EAD, they should submit:
Form I-765, Application for Employment Authorization
The Form I-765 application fee, regardless of their age and
A copy of the receipt notice for the initial Form I-821 that is still pending
One who fails to submit the required filing fees or a properly documented fee-waiver requests USCIS will reject that applicant’s TPS application. Applicants may request that USCIS waive any fees based on an inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. All USCIS forms are provided for free. Forms are available at USCIS website uscis.gov/forms or applicants can request forms by mail or call toll-free 1-800-870-3676.
March 1, 2016 is the deadline for the Yemen to get registered for Temporary Protected Status (TPS). The TPS designation for Yemen runs from September 3, 2015, through March 3, 2017.
Eligibility Criteria for Registration
To get registered with TPS, you must validate all eligibility criteria. This includes:
You must undergo security checks if you are 14 years old or older
You must have been “continuously residing” and “continuously physically present” in the United States since September 3, 2015.
Persons with criminal records are not eligible for TPS.
Registration Process:
To get registered for TPS, You must submit the following forms:
Form I-821, Application for Temporary Protected Status.
If you are more than 14 years old then biometric services fee applies.
Form I-765, Application for Employment Authorization, regardless of whether you want an employment authorization document (EAD).
The Form I-765 application fee or a fee-waiver request, but only if you want an EAD. No application fee is required if you don’t want an EAD.
There is no Form I-765 fee for initial applicants under the age of 14 or 66 years of age and over.
If you cannot pay the fee, you can submit a written request. However, you must file Form I-912, Request for Fee Waiver. TPS application will be rejected, if you do not submit the required filing fees or a properly documented fee-waiver request.
USCIS notes that the deadline for eligible nationals of Nepal (and people without nationality who last habitually resided in Nepal) to register for Temporary Protected Status (TPS) is Monday, Dec. 21, 2015. This deadline date is the end of the 180-day initial registration period. TPS designation for Nepal runs from June 24, 2015, through Dec. 24, 2016.
You must demonstrate that you meet all eligibility criteria, including that you have been both “continuously physically present” and “continuously residing” in the U.S. since June 24, 2015, to be eligible for TPS. You will also be required to undergo thorough security checks.
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