Representatives Linda Sanchez and Bob Menendez formally introduced the 2021 U.S Citizenship Act in February 2021. If passed, the act would establish an additional path to citizenship for immigrants in the United States and create a roadmap to lawful permanent residency for DACA recipients, which the DACA Act of 2012 did not include.
The 2021 U.S Citizenship Act would create a new residency status called the lawful prospective immigrant visa. Undocumented immigrants would apply for this status and, if approved, would receive work authorization, protection from deportation, social security benefits, and the ability to travel outside the United States. The act will also grant permanent resident status to non-citizens, including DACA recipients, immigrants with temporary protected status, or those who have worked in agricultural labor.
Employment Reform
The bill would make the current employment cap for immigration more flexible. The Immigration Act of 1990 allowed for 140,000 green cards to be distributed per year. This act would allow the Department of Homeland Security to adjust the yearly cap of employment-based visas based on the macroeconomic conditions of the United States, rather than continuing to keep the annual cap at 140,000. Additionally, it would reintegrate unused visas from the previous year into the yearly cap, and make all unused visas since 1992 available. This would make 157,000 employment-based visas available. Due to annual limits, these visas often go unused. The bill would ensure that these leftover employment visas would be distributed and used.
The 2021 U.S Citizenship Act seeks to separate employment classes from the yearly employment visa cap. For instance, it aims to allow students in STEM fields that hold an F-1 visa to apply for permanent residency upon receiving their degree instead of having them apply for employment visas. The Center for American Progress found that increasing employment visas could generate 1.7 trillion dollars in the next decade. However, the Bipartisan Policy Center believes that although the bill increases the visa cap, it does not adequately benefit high-skilled immigrants, who are needed for the post-COVID-19 economic recovery.
Creation of the Lawfully Protected Immigrants Status
The 2021 U.S Citizenship Act would create a class of Lawfully Protected Immigrants (LPI) which would affect 11 million undocumented immigrants and their families. To be eligible, undocumented individuals must have been physically present in the U.S on or before January 1st, 2021. Immigrants who were first responders or were performing essential critical labor services during COVID-19, temporary agricultural workers, and recipients with temporary protected status are also eligible to be a part of the LPI class. The LPI class provides privileges such as being able to remain in the U.S lawfully, being eligible for work authorization, social security benefits, and travel in and out of the United States.
The Heritage Foundation believes that the LPI status would encourage more undocumented immigrants to illegally enter the United States. It sets a precedent that the United States will provide a path to citizenship and protection for people who choose to enter the United States illegally, making it unfair for those who choose to enter the United States lawfully. They believe that the January 1st, 2021 residency requirement can be hard to enforce since legal documents proving their residency can be forged or tampered.
Provides a Better Path to Permanent Residence
The act would establish an expedited path to citizenship for DACA recipients, undocumented farmworkers, and holders of temporary protected status. DACA recipients must prove that they entered the U.S when they were younger than 18 and earned a high school diploma or GED. Males over 18 who have volunteered for the selective service also qualify. If a male over 18 years old volunteered for the selective service, they must have either earned a Bachelor’s degree (or higher) or demonstrated earned income for at least three years.
President Biden believes this act will modernize the immigration system and provide a “roadmap” to the permanent residency of undocumented individuals already in the United States. Moreso, it would give a path to citizenship for DACA recipients stuck in limbo since the DACA program currently does not provide one. The bill will also change the wording of immigration laws to no longer use the term “alien” when referring to undocumented individuals but instead opt for the term non-citizen. This word has a neutral connotation, in an attempt to use more inclusive language.
Congresswoman Linda Sanchez believes that this act will prioritize keeping families together. The act will eliminate discrimination in the immigration system as it creates a new definition of spouse to be inclusive of same-sex relationships. A new definition will allow lawful residents to sponsor their partners for immigration regardless of their sexual orientation. The bill will automatically extend citizenship to children with at least one U.S citizen parent regardless of the biological relationship to that parent. This automatic citizenship will change the “jus sanguinis” or birthright citizenship status that has been upheld since 1934, in which a child needs to have a biological connection to the parent, providing that the parents are married.
On the other hand, the Heritage Foundation believes that this act would impose a financial burden on American taxpayers, as the act would allow the Attorney General to appoint a government-funded attorney for undocumented immigrants facing deportation. In addition, they argue that this process could be costly, especially if a case goes to trial. Also, they argue that the $25 application fee surcharge for an immigration counsel is minimal when compared to the attorney fees.
