US Citizenship Act of 2021: Summary and Analysis
As America’s new president is sworn into office, we are pleased to provide a summary and give our analysis of the US Citizenship Act of 2021. For an official summary, please see here.
Immigrant Rights
Citizenship / Legalization / “Strengthen Labor Protections”
a. Pathway to citizenship for undocumented immigrants
i. Up to 8 years to citizenship
1.) Temporary legal status for first 5 years
2.) After 5 years apply for green card (w/background checks + taxes)
3.) Dreamers, TPS holders, farmworkers can get green cards immediately.
4.) After 3 years of green card status, can apply for citizenship (w/background checks + English language and civics testing)
ii. Must be physically present in the US on 1/1/2021
1.) Requirement waived for anyone who was deported on or after 1/20/2017 and was present for 3 years before that for family reunification or humanitarian purposes.
iii. Changes word in the law from “Alien” to “Noncitizen”
2. Family Based Immigration
a.) Clears backlogs and eliminates lengthy wait times for green card applications based on family relationships.
b.) Eliminates 3 and 10 year bars for returning to the US after periods of unauthorized stay.
c.) More explicitly defines family relationships to include permanent partnerships and eliminated discrimination against LGBTQ+ families.
d.) Provides protections for those who lose the family connection that was sponsoring them because of the death of the petitioner.
e.) Allows families to be together in the US while the petitions are pending.
3. Increase Diversity
a.) Limits future presidents from using religious discrimination to issues bans to the US.
b.) Increases the number of green cards available through the lottery from 55,000 to 80,000.
4. Promote immigrant and refugee integration and citizenship
a.) Funding for state and local governments, NGOs, other institutions to provide integration services including english language classes and citizenship application requests.
5. Support for the Economy
a.) Clears backlogs for job-sponsored green cards and eliminates per-country limits to reduce wait times.
b.) Helps students in US institutions remain here to work.
c.) Allows family members of work visas to also work to support their families while in the US.
d.) Creates regional economic stimulation programs and allows DHS to adjust green card numbers and adjust wage requirements to respond to economic trends.
e.) Create a commission that includes labor, employer, and civil rights organization to make recommendations to improve the employment verification process.
f.) Expand eligibility for U visa for workers victim of labor law violations.
g.) Protects migrant workers and seasonal workers.
Immigration Enforcement
Increase budget allocations for technology and infrastructure at the border.
a.) Includes technology for pre-primary scanning of all vehicles and rails traffic coming through land ports of entry.
b.) Includes funding to enhance processing of asylum seekers at all ports of entry.
c.) Expands ability to use technology to enforce the SW Border between ports of entry.
2. Invests in training and resources to support and professionalize border enforcement, create stakeholder advisory group to work with communities along the border.
a.) Invest in more personnel to investigate allegations of misconduct.
b.) Requires department-wide policies governing use of force.
c.) Develop and train staff on standards of care for migrant families and children.
d.) Conduct assessments of environmental impact of border wall construction at the SW border.
3. Increase enforcement against criminal organizations.
a.) Enhance ability to prosecute smugglers and traffickers.
b.) Expands intelligence collection and analysis of narcotics traffickers, organizations, and networks.
c.) Improve and expand cross-agency anti-gang task forces in Central America.
Address Root Causes of Migration
Creates and funds a $4 billion inter-agency plan to address underlying causes of migration in the region.
a.) Increases assistance to El Salvador, Guatemala, and Honduras.
b.) Creates safe and legal channels for people seeking protection, including establishing processing centers and managing refugee resettlement processes in Central America. This might include to other countries.
c.) Reinstitutes the Central American Minors program to reunite minor children with US relatives and creates a program to reunify families with approved petitions.
Improve the Immigration Courts.
a.) Expand family case management programs.
b.) Reduce the immigration court backlogs and increase training and technology for the immigration courts.
c.) Restore judicial discretion to judges and adjudicates.
d.) Funds legal orientation programs and legal representation for children, vulnerable individuals, and others.
e.) Funding for school districts receiving unaccompanied minors.
Fix the asylum system
a.) Eliminate the one year deadline for asylum claims and provide funding to reduce backlogs.
b.) Increases U visa (for victims of certain crimes), T visa (for trafficking victims), and Violence Against Women Act visas.
c.) Expands protections for foreign nationals assisting US Troops.
This article will be continuously updated as new information is learned.
