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Biden Immigration Bill to be Sent to Congress

01/23/2021

In his first major legislative proposal, President Joseph R. Biden revealed aspects of the proposed immigration reform legislation. The focus of immigration reform would include addressing the causes of migration, border management and a path to citizenship.

 

Aspects of relevance to agriculture include allowing approximately 1.5 million non-documented workers holding temporary protected status to apply as permanent residents. Subject to complying with requirements, applicants could receive green cards after five years and then apply for citizenship, attainable within eight years. Applicants for permanent residence must have been present in the U.S. on January 1, 2021 to avoid an immediate mass northward migration.

 

The bill would allow for increased training of personnel enforcing border security and enhanced standards of care for children in the custody of Immigration and Customs Enforcement.  Children would be allowed to apply for asylum in their home countries reversing an August 2017 decision.  Additional immigration judges would be hired to process asylum cases and humane alternatives to detention would be developed.

 

The proposed immigration overhaul would allow work permits for spouses and children of holders of temporary-worker visas. The number of H-1B visas for high-skilled farm workers and H2-B visas for lower-skilled non-agricultural workers will not be expanded.  Applicants for immigration holding advanced degrees in science, technology and engineering would be exempted from visa limits to encourage talented immigrants to consider the U.S. where they could make a contribution.

 

To achieve passage, the immigration reform bill would require sixty votes in the Senate with Sen. Robert Menendez (D-NJ) leading the effort to encourage some Republican senators to support the bill.  In 2013 Senator Lindsay Graham (R-SC) and Marco Rubio (R-FL) were in favor of reform.  The immigration reform legislation is opposed by Senate Tom Cotton (R-AR) who rejects any form of amnesty and objects to more open borders justified by considerations of "health and security".