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Creating a Path to Citizenship: Update on President Biden’s Legislative Proposal for Immigration Reform

Sep 10, 2021 | Immigration Updates

Within his first 100 days of office, President Biden introduced a 353-page comprehensive immigration reform bill that would provide a path to citizenship to undocumented children, address the root causes of migration, make efforts to responsibly manage the southern border, reform the immigrant visa system, and serve other goals. But what are the odds that President Biden’s ambitious plans for immigration reform will pass and become enacted into law? Given narrow party divisions in the House and Senate, large-scale immigration reform has been historically difficult to push through Congress.  Piecemeal legislation has a much higher chance of surviving the legislative process.

At present, lawmakers are focused on incorporating a pathway to citizenship into President Biden’s multitrillion dollar reconciliation package under consideration by Congress. The budget plan, which passed in the House of Representatives in late August, includes provisions to facilitate legal permanent residency for undocumented children, Temporary Protected Status (TPS) holders, and farmworkers.  It also earmarks $107 billion for immigration and border security. However, special rules restrict the type of measures that can be passed as part of budget reconciliation, and it is uncertain whether language concerning immigration reform will remain intact.   

Senate Democrats will be meeting with the Senate Parliamentarian today to recommend that a pathway to citizenship be included in the spending package. The Senate Parliamentarian and former immigration lawyer, Elizabeth MacDonough, will deliberate on whether or not the provision currently written into the reconciliation package complies with budget rules and will be allowed. If Senate Democrats are not able to make their case effectively, the parliamentarian could remove language from the bill that would have expanded opportunities for U.S. citizenship. If this occurs, immigration reformers would have to rely on much more herculean efforts to accumulate the bipartisan support required to pass the U.S. Citizenship Act introduced to Congress in February.

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USCIS Rescinds 2017 Policy Memorandum on H-1B Computer-Related Positions

On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded PM-602-0142, “Rescission of the December 22, 2000 ‘Guidance memo on H-1B computer related positions.’ ” USCIS said its officers should not apply the rescinded memo “to any pending or new requests for H-1B classification, including motions and appeals of revocations and denials of H-1B classification,” and that further guidance is forthcoming. USCIS explained that on December 16, 2020, the U.S. Court of Appeals for the 9th Circuit issued a decision in Innova Solutions v. Baran, where the court overturned USCIS’s denial of an H-1B nonimmigrant visa petition as arbitrary and capricious. The court’s opinion noted that while USCIS did not explicitly rely on PM-602-0142, the denial followed its logic. To ensure “consistent adjudications across the H-1B program, USCIS is rescinding PM-602-0142,” the new USCIS policy memorandum said. For more information please see: Source: https://www.uscis.gov/sites/default/files/document/memos/PM-602-0142.1_RescissionOfPM-602-0142.pdf

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Immigration Update

In this edition, find the latest news on TPS Designation Extensions, USCIS Policy Updates for J Nonimmigrants, Travel Document E-Filing and more!  DHS Reinstates, Extends TPS Designations for El Salvador, Honduras, Nepal, and Nicaragua The Department of Homeland Security (DHS) has rescinded the Trump administration’s terminations of the temporary protected status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua, and extended TPS for these countries for 18 months.   Upcoming Federal Register notices will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register for TPS and renew their employment authorization documents (EADs). Once the notices are published, existing TPS beneficiaries under the four designations will be able to re-register to continue their TPS throughout the 18-month extension, DHS said. Those who arrived in the United States after the continuous residence dates for these designations are not eligible for TPS. Those dates are February 13, 2001 (El Salvador); December 30, 1998 (Honduras and Nicaragua); and June 24, 2015 (Nepal).  Below are details about the date ranges for the extension and re-registration period for each country:  Details:  Back to Top USCIS Updates Policy on Its Role in Adjudicating Waivers and Change-of-Status for J Nonimmigrant Exchange Visitors U.S. Citizenship […]

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