U.S. Citizenship Act of 2021: Five Facts About Biden’s Immigration Proposal
The Biden administration has released details of its comprehensive immigration proposal, which promises to provide a pathway to citizenship for millions of immigrants. The bill, entitled the U.S. Citizenship Act of 2021, was sent to Congress on the first day of the Biden presidency. According to the administration, “The U.S. Citizenship Act of 2021 establishes a new system to manage and secure our border responsibly, keep our families and communities safe, and better manage migration across the Hemisphere.”
The following is a quick breakdown of the bill:
1.) The proposal is not yet law
The bill still needs to go through the legislative process before it officially becomes law. As a result, the timeline for when the bill may be passed remains unclear. House Democrats recently stated that they are “Not quite ready” to move the bill forward, fearing they may still lack the vote necessary to pass the bill on the floor.
2.) Creates a new form of status: lawful prospective immigrant (LPI)
The newly contemplated LPI status will provide undocumented immigrants with interim status while they are on their path to citizenship. Under the current proposal, LPI status would be valid for six years and may be renewed for another six years. Individuals with LPI status would be able to adjust their status to a lawful permanent resident (LPR) after five years of LPI status.
In order to qualify for LPI status, a person must:
(1) have been continuously present in the U.S. from January 1, 2021, until the application is approved; and
(2) pay an application fee to cover processing costs and provide biometric and biographic data for a background check.
3.) Creates an expedited path to status for certain groups
The plan provides an expedited path for citizenship for certain groups, including agricultural workers, Deferred Action for Childhood Arrivals (DACA) recipients, and individuals with Temporary Protected Status (TPS). These groups will reportedly be immediately eligible for LPR status under the program, meaning they may receive a green card immediately and then apply for citizenship after five years of being an LPR.
4.) Allows individuals to apply for admission from outside the U.S., including individuals who have been deported
While the bill requires physical presence in the United States for those who wish to apply, it would provide a waiver for those who were deported on or after January 20, 2017, but had been physically present for at least three years prior to their deportation. Thus, individuals who were deported during the Trump presidency could seek a waiver to obtain residency.
5.) Addresses root causes of migration
The bill also intends to address the root causes of migration, particularly from the Northern Triangle countries of Guatemala, Honduras, and El Salvador. The bill provides for a “4-year strategy,” directing $4 billion dollars in funding from 2022 to 2025 to fund programs that alleviate violence, economic instability, and crime in these countries.
The bill is an ambitious attempt to pass comprehensive immigration reform, though some advocates have noted that it still falls short of some expectations. Specifically, advocates contend that the bill continues to build on policies that exclude immigrants through a process of criminalization by denying citizenship to individuals who have certain prior convictions.
As the bill moves through the legislative process, it is important to understand that the law has not yet changed for those inside the United States, and the bill's final version may contain changes to the law as it currently stands. As always, we recommend that you not only track the process as it unfolds but that you consult with a qualified immigration attorney to understand your rights if and when the law does finally change.
Read the Biden Administration’s Fact Sheet on the bill here.