Bill Biden faces an uphill battle, but these measures could pass



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Deportees cross a US-Mexico border bridge between Texas and Mexico on February 25, 2021 in Matamoros, Mexico.

John Moore | Getty Images

Immigration advocates and experts from all walks of life don’t expect the full immigration bill backed by President Joe Biden to pass Congress as is – but the areas in which their priorities align highlight opportunities for bipartisan compromise.

On February 18, Democrats introduced the 2021 U.S. Citizenship Act, which would establish an eight-year path to citizenship for 11 million undocumented immigrants, expand legal immigration pathways, and reduce visa backlogs, among other provisions.

Even when introduced, the drafters of the bill recognized the possibility of an alternative, piece-by-piece approach to enacting immigration reform.

“We are pursuing an ‘all of the above’ strategy,” said main sponsor Rep. Linda Sanchez, D-Calif., At the press conference unveiling the bill. “All options are on the table, and we hope to pass solid immigration reform, but there are other important immigration bills that we will also support and hopefully pass as well. . “

Democrats hold a slim majority in both houses of Congress, and the legislation would require a minimum of 10 Republican votes to defeat a Senate filibuster and move the bill to a final vote when passed.

This is unlikely to happen for this entire bill. Republican lawmakers are not supporting the broad path to citizenship for 11 million undocumented immigrants in particular and are demanding greater border security measures.

“No one is saying that there is an easy way for this bill to pass,” Jacinta González, senior campaign organizer for the Mijente advocacy group, said on Tuesday. “We have to be really realistic and honest with our employees about this.”

Although supporters admit that the full package is unlikely to pass, they see the bill as the starting point for a legislative movement on immigration reform.

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

Establish a path to citizenship for “dreamers”

For two decades, lawmakers proposed bipartisan legislation called the Dream Act, which would provide a pathway to permanent legal residence and possibly citizenship for certain young undocumented immigrants brought to the United States as children – known under the name of “Dreamers”.

In 2012, President Barack Obama created the Deferred Action Program on Childhood Arrivals after the Dream Act failed to pass Congress several times. DACA protects young undocumented immigrants who would be covered by the Dream Act from deportation, but does not provide a path to citizenship.

About three-quarters of Americans support granting permanent legal status to undocumented immigrants who came to the United States as children, according to a survey by the June Pew Research Center.

The U.S. citizenship law would give dreamers green card eligibility, which can provide a work history and the option to apply for citizenship after three years.

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

According to an analysis by the bipartisan immigration research and advocacy organization New American Economy, about 1.3 million people eligible for DACA paid $ 2.2 billion in federal taxes and $ 1.8 billion local and state taxes in 2017.

Immigration advocates have called the American Dream and Promise Act a piecemeal bill.

The bill, which passed the House with bipartisan support in 2019, would create a pathway to citizenship for dreamers and those with temporary protected status or delayed forced departure. The latter two categories allow people from designated countries to stay in the United States due to conflict or unsafe conditions in their home country.

“Reaching out to the undocumented population, especially Dreamers, is a great thing we can focus on. It seems to be the one that holds the most promise,” the Americans said for Prosperity’s Lima.

Reforming the agricultural workers program

The U.S. citizenship law would also give a green card to farm workers who can provide a work history and the option to apply for citizenship after three years.

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

“I think of our Republican members of Congress who are already coming out with statements … I just want to remind them of the foods and vegetables they eat and / or the proteins they choose to eat that are probably an immigrant who has helped make sure they were fed, ”said Benavides of LULAC.

Advocates and experts have presented the Agricultural Workforce Modernization Act as a contender for autonomous reform.

Legislation passed in the House in 2019 would create a pathway to citizenship for undocumented farm workers and reform the current H-2A temporary farm work visa program.

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

Develop employment-based immigration

The comprehensive immigration bill backed by Biden includes several provisions that would expand the avenues for legal immigration.

Proposed initiatives include increasing the cap for employment-based immigrants, not counting spouses and children within the employment-based green card limits, and eliminating immigration caps for graduates of American universities with a doctorate in STEM fields.

“Improvements in business immigration, to me, are a no-brainer. It doesn’t matter which side of the aisle you are on. Almost all of these arrangements are really helpful,” said immigration lawyer Eleanor Pelta. .

Immigration advocates have highlighted the impact immigrants have on the US economy.

“The simple fact that hardworking, risk-taking, and smart people want to come here is perhaps America’s greatest global competitive advantage,” Jeremy Robbins, executive director of New American Economy, said at the conference. town hall of February 18.

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

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