The US Immigration Reform Bill, What is it all About?

The US Immigration reform bill (the proposed US Citizenship Act of 2021) offers a lot of promise to aspiring immigrants and undocumented workers inside or outside the United States, however, it is unlikely to achieve all of it’s intended objectives.

Republican Opposition

More conservative members of the House and Senate are unlikely to accept the suggested Immigration package wholesale. For one, there will be widespread opposition to a number of measures which target undocumented workers, especially those which would appear to “reward” immigration rule breaking (i.e. allowing undocumented workers a path to citizenship, despite violations of immigration laws). In addition, many Republicans are still very concerned with border security, and this may be an issue raised to contest or amend content in the bill.

Compromises are Still Possible

Democrats have publicly expressed the view that there are barriers to the bill’s passage, and it has been acknowledged that the immigration reform package is unlikely to be passed without compromise. This is indicative of some flexibility on the part of the bill’s sponsors and the Democrat party in general, to meet some of the Republican demands in order to pass the bill.

What are the Main Components of the Bill?

The Bill has a number of general provisions, addressing “root causes” of migration, which allocate funds to Central American or other countries which funnel or prove to be the source of illegal immigration to the United States. In addition, the bill includes provisions which will allow undocumented workers to adjust to temporary status in the United States, and then adjust to permanent residency after 5 years.

The bill also removes country based caps for workers, and allows the spouses of temporary workers, such as H-1B workers, to work in the country. The number of individuals who are to be given “diversity visas” will also be increased from 55,000 people to 80,000 people under the bill. The bill also addresses backlogs in the family sponsorship process, and promises to reduce waiting times for families who are separated due to visa issues.

There are also provisions in the bill which address funding for border control, in anticipation of conservative opposition.

What is Missing?

There is still no outright economic migration plan for skilled immigrants to the United States. Though “theoretical” transitions from temporary status to a green card are possible under the current law, these transitions are not clear cut. Obtaining a Green Card still often requires a labor certification which indicates that a worker possesses “skills” which are currently not available in the US labor market. There does not seem to be any “broadening” of these transition categories, and though the US will potentially welcome more “temporary” skilled workers, there doesn’t seem to be any incentive or route for a more permanent transition for these workers under this new bill. Whether the current policy will continue to lead to a brain drain in the long run when temporary workers return to their home country, or a lack of international competitiveness for US businesses, remains to be seen.

For more on US Immigration issues, get in touch with us at info@borderlesscounsel.com