Biden Bill faces a tough battle, but these measures can succeed

Deportees walk across a U.S.-Mexico border bridge from Texas to Mexico on February 25, 2021 in Matamoros, Mexico.

John Moore | Getty Images

Immigration advocates and experts from across the political spectrum don’t expect the Comprehensive Immigration Act, backed by President Joe Biden, to pass in Congress as it is – but the areas where their priorities align highlight opportunities for a two-pronged compromise .

Democrats introduced the U.S. Citizenship Act of 2021 on Feb. 18, which would establish an eight-year path to citizenship for 11 million undocumented immigrants, broaden legal immigration options, and reduce visa backlog, among other provisions.

Even at its introduction, the bill’s sponsors recognized the possibility of an alternative step-by-step approach to pushing through immigration reforms.

“We are following an ‘all of the above’ strategy,” said lead sponsor Rep. Linda Sanchez, D-California, at the press conference that unveiled the bill. “All options are on the table, and we hope to implement a robust immigration reform, but there are other great immigration bills that we will include and hopefully approve as well.”

Democrats have a narrow majority in both houses of Congress, and the legislation would require a minimum of 10 Republican votes to defeat a senatorial filibuster and move the bill to a final vote on approval.

That’s unlikely for this comprehensive bill. Republican lawmakers do not support the broad path to citizenship for 11 million undocumented immigrants in particular, and are demanding stricter border security measures.

“No one says there is an easy way to get this bill through,” Jacinta González, senior campaign organizer of advocacy group Mijente, said on Tuesday during a phone call with supporters. “We have to be really realistic and honest with our people about that.”

While proponents recognize that the comprehensive package is unlikely to be passed, they see the bill as a starting point for a legislative movement on immigration reform.

“There are pieces in that bill that have significant support that, if taken separately, could actually be enacted,” said Jorge Lima, senior vice president of policy at Americans for Prosperity, the conservative political advocacy group backed by billionaire Charles Koch.

Determine the Path to Citizenship for “Dreamers”

For two decades, lawmakers have proposed a bipartisan piece of legislation called the Dream Act that would provide a path to permanent legal residence and eventually citizenship for some young undocumented immigrants brought to the US as children – known as “Dreamers.”

In 2012, President Barack Obama created the Delayed Action Against the Arrival of Children Program after the Dream Act was not passed in Congress several times. DACA protects the young undocumented immigrants who would be covered by the Dream Act from deportation, but provides no path to citizenship.

According to a June Pew Research Center survey, about three-quarters of Americans support the granting of permanent legal status to undocumented immigrants who came to the US as children.

The US Citizenship Act would make Dreamers eligible for a green card that can provide their work history and the option to apply for citizenship after three years.

“We understand how meaningful this bill is to our Dreamer community, a community that has had to fight every step to be heard,” said Sindy Marisol Benavides, CEO of the League of United Latin American Citizens, at a town hall in February. 18.

An estimated 1.3 million DACA-eligible individuals paid $ 2.2 billion in federal taxes and $ 1.8 billion in state and local taxes in 2017, according to an analysis by two-tier immigration research and advocacy organization New American Economy.

Immigration advocates pointed to the American Dream and Promise Act as a possible fragmentary law.

The proposed legislation, passed with bipartisan support in the House in 2019, would create a path to citizenship for Dreamers and those with temporary protected status or delayed forced departure. The last two categories allow individuals from designated countries to remain in the US due to conflict or unsafe conditions in their home country.

“Addressing the undocumented population, especially the Dreamers, is a great piece to focus on. It appears to be the most promising work,” said Lima of Americans for Prosperity.

Reform program for agricultural workers

The US Citizenship Act would also allow agricultural workers to qualify for a green card to present their employment history and the option to apply for citizenship after three years.

According to a 2020 report from the National Immigration Forum, an immigration advocacy group, more than one million undocumented agricultural workers make up 70% of the agricultural workforce. Undocumented agricultural workers contribute $ 9 billion annually to the fruit and vegetable industry alone, the report found.

“I’m thinking of our Republican members of Congress already coming up with statements … I just want to remind them of whatever foods and vegetables they eat and or whatever protein they choose to eat that it was most likely an immigrant who helped to making sure they were fed, ”said Benavides of LULAC.

Proponents and experts have put forward the Farm Workforce Modernization Act as a candidate for self-reform.

The legislation enacted in the House in 2019 would create a pathway to citizenship for undocumented agricultural workers and reform the existing H-2A program for temporary farm work visa applications.

“We have an example of what happens when a bipartisan law comes together,” said David Bier, immigration policy analyst for the libertarian think tank Cato Institute, of the Farm Workforce Modernization Act. “Historically, it has always been Republicans who have pushed for the extension of these temporary visa programs.”

Expansion of employment-based immigration

The Comprehensive Immigration Act, backed by Biden, contains several provisions that would expand the possibilities for legal immigration.

Proposed initiatives include raising the ceiling for immigrants based on employment, disregarding spouses and children in employment-based green card limits, and eliminating graduates of US universities with doctorates in STEM fields from immigration ceilings.

“The improvements in corporate immigration are a no-brainer for me. It doesn’t matter which side of the aisle you’re on. Almost all of these amenities are really helpful,” said immigration attorney Eleanor Pelta.

Immigration advocates pointed to the impact of immigrants on the US economy.

“The simple fact that hard-working, risky, smart people want to get here is perhaps the United States’ greatest competitive advantage,” Jeremy Robbins, executive director of New American Economy, said at City Hall Feb. 18.

“Immigration brings new ideas, it brings new energy and dynamism, it makes communities more alive and it helps keep our economy from stagnating,” said Robbins.

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