Democrats are presenting arguments to include immigration reform in the budget resolution. The Senate parliamentarian, which is an advisory role to the U.S. Senate, will hear those arguments and make a recommendation to the Senate Presiding Officer, the Vice-President of the United States. The Senate Presiding Officer can overrule the advice of the parliamentarian. However, this is a rare occurrence. As bipartisan talks on immigration reform have stalled, this is a critical step to keep immigration reform hopes alive.

To pass, the Democrats must prove their immigration reform recommendations are in line with budget reconciliation requirements. The financial effects of the reform including how the proposed changes will affect federal spending, revenue, and debt must be shown. The $107 Billion budget for immigration reform includes providing legal permanent status to undocumented immigrants and improving border security.

Based on recent media articles, below are some of the recommendations:

  • After passing background and medical tests and paying a $1,500 fee, undocumented individuals would be able to apply for a green card.
  • For DACA recipients:
    • Must have arrived in the U.S. when under 18 years of age
    • Continuously reside in the U.S. since entry and be continuously present in the U.S. since January 1, 2021
    • Must have one of the following:
      • Served honorably in the U.S. uniformed services,
      • Enrolled or graduated from an approved postsecondary school, vocational or college,
      • Earned a consistent income for the three years prior to applying
  • For Temporary Protection Status (TPS) holders:
    • Must have lived in the United States for three years or more
    • Must have had TPS status or qualified for TPS on January 1, 2017, or prior
    • Must have not “engaged in conduct” that would remove eligibility for TPS
  • For Deferred Enforced Departure (DED) holders:
    • Must have lived in the United States for three years or longer
    • Must have been eligible for DED status as of January 20, 2021
    • Must have not “engaged in conduct” what would remove eligibility for DED
  • Essential workers are proposed to apply for legal permanent residence
    • Must have lived in the United States continuously since January 1, 2021
    • Must have a consistent income
  • For family and employment-based green card applicants:
    • Family-based green card applicants must pay $2,500 and have a priority date that is over 2 years old to adjust their status
    • Employment-based green card applicants must pay $5,000 and have a priority date that is over 2 years old to adjust their status

These proposed legalization changes would not go into effect until 6 months after they are passed or on May 1, 2022, “whichever is earliest,” according to the legislation.

The budget resolution document provides a broad overview of what the federal government will gain in revenue and how the government should spend those funds. The budget resolution cannot be filibustered and requires only a simple majority vote to pass.

Senate parliamentarian Ms. Elizabeth MacDonough, who is an immigration attorney, is scheduled to hear arguments on Friday, September 17, 2021. A quick decision is not expected.

As part of his immigration agenda, President Biden included a ‘pathway to citizenship’ for 11 million undocumented individuals. However, that bill is stalled in Congress.

ILBSG continues to monitor ongoing changes to immigration law. If you have questions about any immigration-related issue, contact us at ILBSG.

2021 U.S. Spending Plan immigration Immigration Reform Immigration Reform 2021