An Inside Look At Biden’s Immigration Proposal

Democratic presidential candidate Joe Biden has released his proposal to safeguard the values of our nation’s immigrants. President Joe Biden unveiled an immigration bill during his speech to the Democratic National Convention that would open the way to citizenship for nearly 11 million undocumented immigrants in the United States. As outlined by Biden and the White House, the sweeping bill would open pathways to citizenship for 11 million immigrants, including the Deferred Action for Childhood Arrivals (DACA) and Protecting Americans from Immigration and Customs Enforcement (ICE) programs for undocumented immigrants brought to the United States as children, sometimes called TREAMers. DACA recipients – sometimes referred to as “Dreamers” – would be among the undocumented immigrants who would be granted U.S. citizenship under Biden’s immigration law. [Sources: 0, 10, 13, 14] 

Biden cannot open a new path to citizenship for illegal immigrants. Still, he can allow those who already meet the criteria for a green card to obtain it, regardless of their illegal status, which would open a path to citizenship. Biden could use that authority to grant parole to immigrants who have received green cards, which the current path toward citizenship would open up, the White House said. [Sources: 1] 

Biden’s bill would give DACA recipients a three-year path to citizenship, and he supports the program. According to the White House, Biden also wants to give TPS holders more permanent immigration benefits, and his proposed immigration bill provides a path to citizenship for them. [Sources: 2, 5] 

Biden has said he will push for legislation to create a roadmap for citizenship, and he “will aggressively advocate” for legislation that would create a path for unauthorized immigrants who register and – so far – are informed about their taxes, pass a background check and carry out background checks. [Sources: 8, 10] 

Biden’s immigration bill, called the U.S. Citizenship Act of 2021, will address many immigrants without legal status. The proposal unveiled by Democrats on Capitol Hill offers citizenship to most of the 11 million undocumented people, extends worker visas, and eliminates family-based immigration restrictions. [Sources: 14, 19] 

President Biden also sent an immigration bill to Congress, supported by Sen. Bernie Sanders (I-Vt.) and Republican Elijah Cummings (D-Md.). The immigration bill, which will include the U.S. Citizenship Act of 2021 and is based on a proposal Biden announced on his first day in office, was unveiled at a news conference in Washington, D.C., on Wednesday, January 10, 2017. [Sources: 7, 19] 

Biden’s team did not discuss the bill’s details, and a point is historically seen as a key factor in Republican support for immigration reform legislation. [Sources: 4] 

Biden’s new proposal, unveiled Wednesday, is largely familiar because Congress has tried the last two times unsuccessfully to reform immigration law. The Obama and Biden administrations strongly supported a bipartisan comprehensive immigration solution that passed the Senate in 2013 to put the country’s immigration policy on a much stronger footing. Democrats made a major effort in Congress last month to match President Biden’s proposal on Inauguration Day. Still, House lawmakers are considering a narrower version of the bill by Republican Joe Manchin, D-W.Va. With questions about how even this narrow measure will get enough votes to make it to the president’s desk. Despite having the White House and majority in both chambers, Democrats have not promised immigration reform. [Sources: 6, 10, 12] 

But in the early years of the Biden administration, truly significant comprehensive immigration reform is likely to occur. President Biden’s immigration proposal faces a long road ahead when it comes before Congress on the first day of his presidency. [Sources: 15, 17] 

Republicans and immigration advocates have pointed out that his proposal for a sweeping US citizenship law that would pave the way for millions of undocumented immigrants to become citizens is at least partly symbolic. Biden has presented a long and ambitious plan for immigration, but a divided Congress means comprehensive immigration reform will include an estimated 11 million undocumented immigrants, including Dreamers. President-elect Biden intends to push immigration forward at a time of growth, focusing on issuing visas for employment-based immigration. The Biden-Harris administration has undoubtedly taken a strong stance against immigration reforms that give hope and enthusiasm to many immigrants – including refugees, asylum seekers, and undocumented immigrants. [Sources: 6, 9, 17, 21] 

But that’s not necessarily a model for the Biden-Harris administration, and many immigration reform experts and advocates will be looking for something else. Biden has two different congressional powers that he could use to issue legal status and work permits now. [Sources: 1, 18] 

According to the Center for Immigration Studies, at the summit of that mountain is the ability to give an estimated 11 million immigrants in the US illegally a path to citizenship. At stake for Biden and Harris is at least $1.5 billion in federal funding over the next five years. The group’s director of policy research and advocacy, Michael O’Hanlon, said in an interview. [Sources: 3] 

As president, Joe Biden intends to create a productive immigration system that keeps families together, strengthens our economy, and attracts top foreign talent. Still, his immigration policies are likely to reverse. Biden sent his draft immigration bill to Congress on Wednesday, White House spokeswoman Jen Psaki said at a White House news conference. Biden finally unveiled immigration laws and declared a national emergency to fund Trump’s controversial travel ban and other controversial immigration measures. [Sources: 11, 14, 16, 20] 

Sources:

[0]: https://www.pewresearch.org/fact-tank/2021/03/22/key-facts-about-u-s-immigration-policies-and-bidens-proposed-changes/

[1]: https://www.cato.org/blog/biden-can-get-most-immigration-bill-done-own

[2]: https://www.lawfareblog.com/president-bidens-immigration-executive-actions-recap

[3]: https://ktla.com/news/nationworld/democrats-passing-bidens-immigration-plan-through-senate-is-a-herculean-task/

[4]: https://www.cbsnews.com/news/immigration-biden-executive-actions-100-days/

[5]: https://www.cfr.org/in-brief/breaking-down-bidens-immigration-actions-through-abbreviations

[6]: https://www.ny1.com/nyc/all-boroughs/politics/2021/03/16/house-democrats-to-make-first-attempts-at-immigration-reform-under-biden

[7]: https://www.hklaw.com/en/insights/publications/2021/01/immigration-under-biden-administration-changes-in-the-first-100-days

[8]: https://www.kqed.org/news/11844236/immigration-is-a-gateway-issue-and-the-contrast-between-trump-and-biden-is-stark

[9]: https://time.com/5909571/joe-biden-immigration-policy/

[10]: https://cis.org/Arthur/Joe-Bidens-Immigration-Plan

[11]: https://www.insidehighered.com/news/2021/01/21/biden-takes-action-immigration-day-one

[12]: https://foreignpolicy.com/2021/01/21/biden-immigration-reform-trump-populism/

[13]: https://www.voanews.com/usa/immigration/democrats-launch-ambitious-immigration-reform-proposal

[14]: https://www.usatoday.com/story/news/politics/2021/01/19/biden-immigration-proposal-includes-pathway-citizenship-some/4212870001/

[15]: https://www.natlawreview.com/article/glimpse-biden-s-immigration-policies-us-citizenship-act-2021

[16]: https://www.mondaq.com/unitedstates/work-visas/1014564/joe-biden39s-immigration-plan-what-to-expect

[17]: https://citizenpath.com/biden-immigration-plan/

[18]: https://www.brookings.edu/blog/fixgov/2021/02/19/bidens-immigration-reset/

[19]: https://www.nytimes.com/live/2021/02/18/us/joe-biden-news

[20]: https://en.wikipedia.org/wiki/Immigration_policy_of_the_Joe_Biden_administration

[21]: https://www.sandiegouniontribune.com/opinion/commentary/story/2021-03-08/opinion-biden-harris-immigration-reform-public-health-refugees

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