Comprehensive immigration reform bill, giving pathway to green card/ citizenship jo 11 million possible?

President Biden wants US congress to consider the immigration reform bill.

Under the legislation, those living in the U.S. as of Jan. 1, 2021, without legal status would have a five-year path to temporary legal status (5 years temporary green card) if they pass background checks, pay taxes and fulfill other basic requirements. After 5 years of temporary green card, they can apply for permanent green card. After 3 years of receiving the permanent green card, they can apply for the naturalization, if they decide to pursue citizenship.

It is estimated that there are about 11 million undocumented people who could be benefited under this legislation. For some immigrants, the process would be quicker. So-called Dreamers, the young people who arrived in the U.S. illegally as children, as well as agricultural workers and people under temporary protective status could qualify more immediately for green cards if they are working, are in school or meet other requirements.

This comprehensive immigration reform bill faces an uncertain fate.  In order to pass this bill, they need at least 10 Republicans to join all 50 Democrats to overcome a filibuster in the Senate.  This blanket amnesty for 11 million undocumented people don’t seem to fair well with the most of Republican Senators. But the president’s Biden bold proposal is the starting point of the negotiation with the Republicans and it is expected that some of provisions under this bill will be trimmed down and negotiated. We will have to see what will actually pass.

But we expect the limited relives to the undocumented as follows even though comprehensive immigration reform bill does not pass,

1)     Passage of the revival of the 245(i) clause, which will allow those who are out of status to apply for a green card if aliens have employers or family members who can file family based or Employment based petition for them. 

2)     Passage of DAPA program—which was attempted by the Obama administration but deemed to be unconstitutionally as it would benefit too many people by an executive order. This would be passed as a bill that would protect parents of U.S. citizenships or legal permanent residents from deportation, would provide employment authorization and grant temporary permanent residency.

3)     Passage of Dream Act: The Biden administration is expected to expand DACA (deferred action; protection from removal, eligibility for work authorization) class for those who become out of status and have been present in USA since January 1, 2020 (instead of June 15, 2021) and provide a pathway to the temporary green card and citizenship.