President Biden’s Fact Sheet for proposed Immigration Reform Bill
DATASHEET
The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the hemisphere. President Biden is sending a bill to Congress on day one to restore humanity and American values to our immigration system. This is part of his commitment to modernizing our immigration system. The bill gives hardworking people who have lived here for years, in some cases decades, and make a daily contribution to our communities the chance to become citizens. The legislation makes our immigration system more up-to-date, places a higher priority on keeping families together, expanding our economy, responsibly managing the border with smart investments, addressing the underlying causes of migration from Central America, and ensuring that the United States continues to be a haven for those seeking refuge elsewhere. The bill will ensure that every worker is protected while simultaneously stimulating our economy. Our immigrant neighbors, coworkers, parishioners, community leaders, friends, and loved ones—including Dreamers and essential workers who have risked their lives to serve and protect American communities—will have an earned path to citizenship thanks to the legislation.
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The United States Citizenship Act will:
Create an earned path to citizenship for undocumented individuals by providing pathways to citizenship and strengthening labor protections. If undocumented individuals pass criminal and national security background checks and pay their taxes, they will be eligible to apply for temporary legal status and, after five years, green cards. Under the legislation, Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards right away. All holders of a green card who pass additional background checks and demonstrate proficiency in English and American civics can apply to become citizens after three years. On or before January 1, 2021, applicants must be physically present in the United States. For individuals deported on or after January 20, 2017, the Secretary of the Department of Homeland Security (DHS) may waive the presence requirement if they were physically present for at least three years prior to removal for family unity and other humanitarian reasons. Lastly, the bill changes the word "alien" to "noncitizen" in our immigration laws to emphasize America's status as a nation of immigrants.
Maintain family ties. The bill removes backlogs, reclaims unused visas, reduces lengthy wait times, and raises per-country visa caps to reform the family-based immigration system. Additionally, it eliminates other provisions that separate families, such as the so-called "3 and 10-year bars." By explicitly including permanent partnerships and eliminating discrimination against LGBTQ+ families, the bill further supports families. Children, orphans, widows, and Filipino veterans who fought alongside the United States in World War II are also covered by this policy. Last but not least, the bill makes it possible for immigrants whose family-sponsorship petitions have been approved to temporarily reside in the United States with family while they wait for green cards to become available.
Accept diversity. The NO BAN Act, which restricts the presidential authority to impose subsequent bans and outlaws religious discrimination, is included in the bill. Diversity Visas are also increased by the bill from 55,000 to 80,000.
encourage citizenship and integration of refugees and immigrants. The bill adds new money to state and local governments, private organizations, educational establishments, community-based organizations, not-for-profit organizations, and state and local governments to help people who want to become citizens, increase English-language instruction, and expand integration and inclusion programs.
Expand our business. The employment-based visa backlog is cleared up, unused visas are returned, long wait times are cut down, and per-country visa caps are removed by this bill. The bill makes it easier for advanced STEM graduates from U.S. universities to stay in the country; improves workers in low-wage industries' access to green cards; and removes additional impediments to employment-based green cards. The bill prevents children from "aging out" of the system and grants work authorization to H-1B visa holders' dependents. In addition, the bill establishes a pilot program to encourage the growth of regional economies, grants DHS authority to modify green cards in response to macroeconomic conditions, and encourages higher wages for high-skilled, non-immigrant visas to prevent unfair competition with American workers.
Improve employment verification and protect workers from exploitation. The bill mandates that the Department of Homeland Security and the Department of Labor form a commission comprised of civil rights, labor, and employer organizations to offer suggestions for enhancing the employment verification procedure. Workers who cooperate with worker protection agencies and suffer serious labor violations will have greater access to U visa relief. In order to permit labor agencies to interview workers who have been the victims of workplace retaliation, the bill prevents them from being deported. Additionally, it increases penalties for employers who break labor laws and provides protection to seasonal and migrant workers.
Prioritize smart border controls by adding infrastructure and technology to the border's existing resources. By providing additional funding for the Secretary of DHS to develop and implement a plan to deploy technology to expedite screening and improve the ability to identify narcotics and other contraband at every land, air, and sea port of entry, the legislation builds on record budget allocations for immigration enforcement. This includes high-throughput scanning technologies that ensure that all freight rail traffic, as well as commercial and passenger vehicles, entering the United States at land ports of entry and rail-border crossings along the border, are subjected to pre-primary scanning. Additionally, it authorizes and funds plans to enhance the infrastructure at ports of entry to facilitate the processing of asylum seekers and the detection, interdiction, disruption, and prevention of drug trafficking into the United States. It grants the DHS Secretary authority to develop and implement a strategy to manage and secure the southern border between ports of entry that places an emphasis on adaptable technologies and solutions that increase the capacity to detect illicit activity, evaluate the efficiency of border security operations, and are simple to move and break out by the Border Patrol Sector. The DHS Inspector General is authorized to oversee whether utilized technology effectively serves legitimate agency purposes in order to safeguard privacy.
Control the border and safeguard communities along it. The bill provides funding for agent and officer safety and professionalism-promoting training and continuing education. In addition, it mandates the publication of policies governing the use of force across the entire department, establishes a Border Community Stakeholder Advisory Committee, and adds additional special agents to the DHS Office of Professional Responsibility to conduct investigations into administrative and criminal misconduct. In addition to directing the Government Accountability Office (GAO) to investigate the impact of DHS's authority to waive environmental, state, and federal laws in order to speed up the construction of barriers and roads close to U.S. borders, the bill also mandates the installation of additional rescue beacons to prevent unnecessary border deaths. In conjunction with the Department of Health and Human Services (DHS), the Department of Health and Human Services (HHS), and nongovernmental experts, the bill authorizes and funds DHS to develop standards of care for individuals, families, and children who are in CBP custody.
The bill makes it easier to prosecute people who are involved in smuggling and trafficking networks and are responsible for the exploitation of migrants. This will help crack down on criminal organizations. In addition, it broadens the scope of investigations, intelligence gathering, and analysis in accordance with the Foreign Narcotics Kingpin Designation Act in order to impose more severe penalties on foreign drug traffickers, their organizations, and networks. In addition, the bill mandates that the Secretary of State work with the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), and Department of Homeland Security (DHS) to enhance and expand transnational anti-gang task forces in Central America.
Address the root causes of migration by beginning at the beginning. The President's $4 billion, four-year interagency plan to address the underlying causes of migration in the region is codified and funded by the bill. This includes increasing assistance to El Salvador, Guatemala, and Honduras if those countries can reduce the widespread corruption, violence, and poverty that drives people to leave their home countries. Establishing Designated Processing Centers throughout Central America to register and process displaced individuals for refugee resettlement and other legal migration avenues—either to the United States or other partner countries—it also creates safe and legal channels for people to seek protection. In addition, the bill establishes a Central American Family Reunification Parole Program and re-instates the Central American Minors program to facilitate family reunification with approved family sponsorship petitions.
Enhance immigration attorney procedures and safeguard vulnerable individuals. The bill improves technology for immigration attorneys, reduces immigration court backlogs, expands training for immigration judges, and expands family case management programs. Additionally, by granting judges and adjudicators the discretion to review cases and grant relief to deserving individuals, the bill restores fairness and balance to our immigration system. When it is necessary, funding is authorized for legal orientation programs and counsel for children, vulnerable individuals, and others to ensure that their claims are resolved fairly and effectively. The bill also clarifies sponsor responsibilities for unaccompanied children and provides funding for school districts that educate them.
The bill provides funding to reduce the backlog of asylum applications and eliminates the one-year deadline for submitting claims to support asylum seekers and other vulnerable populations. In addition, it raises the cap on U visas from 10,000 to 30,000, enhancing protections for applicants for the T visa, VAWA, and U visa. Protections for foreign nationals assisting U.S. troops are also expanded by the bill.
