A joint effort between the Democrats and Republicans proposes immigration reform that could affect DACA holders already living in the U.S. and the process at the borders. The basis of the proposal provides for relief for DACA and border security increases. However, this effort has the most chance for success if passed during the current ‘lame duck’ session of Congress, which ends this year. The outcome is uncertain at best.

Deferred Action for Childhood Arrivals (DACA) has been deemed unlawful. However, in the Fifth Circuit ruling, current DACA holders are able to maintain their status. New applicants are not allowed. The new proposal aims to establish DACA and provide a path to citizenship for over two million DACA holders. It’s estimated that this move will add over $1 trillion to the U.S. gross domestic product over a decade, with $235 billion in additional net fiscal revenue. This proposal supports the work of the Democratic party.

For the Republican party, concessions are proposed to provide for a minimum of one additional year of eligibility of the Title 42 policy. This policy was first enacted at the outbreak of the pandemic and allows border agents to quickly return migrants across the border to Mexico. An estimated 2.5 million migrants approached the southern border of the U.S. since 2020. With the Title 42 policy, the border has the option to quickly require them not to enter the U.S. This allows the U.S. government to set up new processing centers to better handle the expected sizeable inflow.

In addition, some funding is identified to speed-up asylum processing, including hiring additional asylum offers and immigration judges.

The general outline of the proposal attempts to address the biggest issues for each party. With limited time in the current session, which ends in 2022, time is critical. The new Congressional session, starting January 3, 2023, is not expected to pass immigration reform for DACA.

If you have questions about DACA or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing policy proposals to ensure our clients get the right advice for their particular situations.

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