Under the Trump Administration, the U.S. has experienced restrictive immigration policies in the legal immigration sphere, as well as hard-line policies combating undocumented immigration and border crossings. We have seen a focus on border security though the construction of the wall on our southern border, family separation policies which have left hundreds of children without their parents, and changes in asylum law making eligibility near impossible. Now, change is coming.

President-Elect Joe Biden is planning to unveil a sweeping immigration bill on his first day, January 20, 2021, which will include a pathway to citizenship for an estimated 11 million people currently without immigration status. Under the proposed legislation, if you were in the U.S. as of January 1, 2021 without status, there will be an 8-year pathway to citizenship. First, there will be a 5-year pathway to obtaining a green card, conditioned on paying taxes and passing backgrounds checks. During this five-year period, eligible individuals will be placed in temporary status. Three years after receiving a green card, eligible individuals will then be able to apply for citizenship.

For those currently on DACA and Temporary Protected Status (TPS), the proposed legislation offers immediate green cards eligibility.

It is expected that the bill will also include new options for obtaining lawful immigration status, such as recapturing unused visas from prior years as well as allowing work permits for dependents of temporary visa holders.

The bill is expected to be hundreds of pages, so it remains to be seen how it will be met by Congress. While Democrats now have control of the White House, the House of Representatives, and the Senate, there is no guarantee the bill will survive. To succeed in the Senate, 10 republicans would have to vote in favor to meet the 60-vote requirement needed to pass the chamber.

Notably, there has been a stalemate in Congress for decades, preventing comprehensive immigration reform administration after administration. Hopefully, Congress will be able to compromise to finally pass much needed reform and modernize our immigration system to meet today’s demands.

In addition to the immigration bill, President-elect Biden is also expected to take executive action to reverse many of President Trump’s immigration policies.

ILBSG will continue to update its clients on these developments.

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