Bill H.R. 1177, otherwise known as the United States Citizenship Act, was introduced by President Biden on the first day of his presidency in 2021. The bill, if passed, would amend the Immigration and Nationality Act enacted in 1952 and mark the first significant change in U.S. immigration policy in several decades. As it stands, H.R. 1177 was introduced to the House of Representatives but has not yet been voted on as of June 30, 2022.
The U.S. Citizenship Act would change the way migrants and asylum seekers are received and treated upon arrival in the United States. The core aim of the act is to “provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system”. The proposed bill begins by changing the terminology to describe new arrivals in the U.S. from the former “alien” to the new term, “non-citizen. Many felt that the previous terms were dehumanizing to migrants.
Earned Citizenship and DACA
Title I of H.R. 1177 offers non-citizens the opportunity to “earn” citizenship if they have a clear criminal record and pass a national security background check. This earned citizenship allows formerly illegal migrants to apply for work authorization and makes them eligible for coverage under the Affordable Care Act. Spouses and children are covered by their partner’s or parent’s citizenship application and are not required to apply for themselves, but must also pass both types of background checks. The earned citizenship must be renewed every six years. The act also allows those who entered the United States as children and received Deferred Action for Childhood Arrivals (DACA) status to obtain citizenship through a streamlined process. Activists have long pushed for permanent status for DACA recipients.
Addressing Root Causes of Migration
Title II of the U.S. Citizenship Act establishes a strategy for reform in Central America that aims to reduce the rate at which migrants appear at the southern border. By addressing prevalent issues cited by migrants as reasons for migration, such as sexual, gender-based, or domestic violence, extreme poverty, criminal violence, and corruption, the United States aims to aid in improving Central American livelihood to decrease the need to emigrate. To do so, the U.S. Citizenship Act would allocate $1 billion per year to a program entitled The U.S. Strategy for Engagement in Central America. However, concerns over the legitimacy and necessity of U.S. intervention in Central America have arisen.
Improving Border Infrastructure
H.R. 1177 would set a new precedent for the conditions and capabilities of the resources available to migrants at the border between the United States and Mexico. For example, H.R 1177 would include a wide range of facility updates that ensure arrivals at the border receive adequate medical care, clean water for drinking and bathing, proper nutrition, clothing, shelter (which includes appropriate sleeping accommodations for those held overnight), resources to practice one’s religion, and accessible information about migrants’ legal rights at the border. Proponents believe these protections would establish the United States as a more welcoming and secure destination for migrants and asylum-seekers compared to the former Immigration and Nationality Act.
H.R. 1177 also seeks to address child welfare at the border. To ensure that children’s rights are protected at the border, the U.S. Citizenship Act requires that all Department of Homeland Security (DHS) personnel whose jobs require that they come into contact with children must complete child welfare training. Additionally, the bill would create accessible systems to report cases of child abuse and neglect and would prohibit DHS personnel from separating children from their legal guardians. These provisions, if passed, would improve pre-existing protections of migrant children and families under U.S. law. Current protections include access to fair immigration proceedings, detention in the “most humane” conditions available, and the right to legal representation. These existing migrant protections do not prevent forced separation of children from their parents, and do not guarantee that children will be properly cared for and protected while in DHS custody. After the family separation scandal under the Trump Presidency, activists renewed calls for stronger protections for children in U.S. border facilities.
Strengthening Humanitarian Responses for Refugees
Subtitle B of H.R. 1177 establishes provisions to improve how immigrants and refugees are welcomed and aided upon arrival to the United States. This section of the U.S. Citizenship Act highlights an alliance between the Secretary of State and the United Nations High Commissioner for Refugees to increase the number of refugees that the U.S. can admit, as well as the quality of care taken to ensure their well being once in the country.
Additionally, given lengthy waiting periods for those filing refugee claims worsened by the COVID-19 pandemic, Subtitle B creates provisions that aim to improve the process of applying for asylum and refugee status. These provisions include ensuring that all refugee-seekers receive information about their rights, due process and access to existing protections, proper screening and security measures, and required documentation to ensure freedom of movement and social services. Subtitle B also expands upon current temporary shelter networks for newly-admitted refugees, especially for migrants from vulnerable populations, including women and unaccompanied children. Proponents of H.R. 1177 have emphasized the importance of protecting refugees and vulnerable populations of migrants, and argue that the bill would greatly improve the United States’ asylum program and set newly-admitted migrants on track for prosperity in their new homes.
Critiques of the Bill
Those against the passage of H.R. 1177 or some of its many changes to the U.S. Immigration and Nationality Act have several reasons for their opposition. Senator Tom Cotton (R-AR) argues that the legislation invites more illegal migrants at a time when public health concerns are at their highest. Senator Cotton states that the bill has “no regard for the health and security of Americans”. Several democratic politicians have also taken this view of H.R. 1177, with Representative Vicente Gonzalez (D-TX) stating “The way we’re doing it right now is catastrophic and is a recipe for disaster in the middle of a pandemic.”
Others argue that strengthening the United States’ humanitarian response to illegal migrants is unnecessary, and that we should instead focus on increasing our border security to prevent migrants from entering the country in the first place. Several Senate Republicans feared that this act would “incentivize illegal immigration” that would spur an overwhelming influx of migrants across the U.S.-Mexico border.
