Biden immigration reform: New citizenship bills and border closures and what that means for citizenship
The southern US border is closed just days after the House of Representatives passes two new immigration reform bills. Here's what it means for citizenship and green cards.
Shelby BrownEditor II
Shelby Brown (she/her/hers) is an editor for CNET's services team. She covers tips and tricks for apps, operating systems and devices, as well as mobile gaming and Apple Arcade news. Shelby also oversees Tech Tips coverage. Before joining CNET, she covered app news for Download.com and served as a freelancer for Louisville.com.
She received the Renau Writing Scholarship in 2016 from the University of Louisville's communication department.
Secretary of Homeland Security Alejandro Mayorkas on Sunday said that the US' southern border is closed. The news comes days after the House of Representatives signed off on two bills that seek to clear a path for certain migrants to receive permanent resident status.
"Our message has been straightforward and simple," Mayorkas said during a Meet the Press interview. "And it's true, the border is closed. We're expelling families, we're expelling single adults and we've made a decision that we will not expel young vulnerable children."
The new actions follow a busy February for the Biden administration. Last month, President Joe Biden reversed former President Donald Trump's ban on legal immigration and reopened the US to people seeking green cards. He also signed three executive orders about immigration. The orders individually seek to reunite immigrant families separated at the border, investigate humanitarian issues at the US' southern border and review the previous administration's immigration policies for groups like undocumented essential workers, Dreamers and Temporary Protected Status recipients.
Here's what you need to know about Biden's immigration plans and how the path to naturalization would work for millions of undocumented US residents.
Biden's citizenship plans: What we know
A key policy is that in addition to the mass reversals of Trump's policies, the Biden administration wants to provide an eight-year path to citizenship for the almost 11 million unauthorized people living in the US.
After that, Biden's plan outlines a three-year path to naturalization if the person pursues citizenship.
This new legislation, particularly HR 6, will provide "conditional permanent resident status" to qualifying nonresidents who entered the US as minors. The bill requires the individual to have been physically present in the US since Jan. 1, 2021, pass a background check, and be enrolled in an educational program.
HR 1603, the legislation regarding migrant farmers, seeks to deliver lawful status, better working conditions and stability for immigrants in the agricultural industry.
How many people are in America without legal status?
About 10.5 million of the immigrants in the US are unauthorized, according to the Pew Research Center, based on augmented US Census Bureau data from 2017. Pew also reported about 35 million immigrants who were naturalized citizens, 12.3 million lawful permanent residents and 2.2 million temporary lawful residents.
More than 60% of unauthorized immigrants have lived in the country for over 10 years, and they have over 4 million US-born citizen children and account for 5% of the workforce, according to The New York Times.
Deferred Action for Childhood Arrivals, or DACA, only pertains to the children of unauthorized immigrants, sometimes referred to as "Dreamers," based on never-passed proposals in Congress called the DREAM Act. Biden's plan would include everyone living in the US without legal status as of Jan. 1, 2021. The Obama administration had previously put a type of sister program in place called DAPA, or Deferred Action for Parents of Americans and Lawful Permanent Residents, in 2014. DAPA was meant to protect illegal immigrants with children who were American citizens or lawful permanent residents by deferring deportation. Trump issued Executive Order 13768 in 2017, which canceled DAPA but kept DACA.
Biden's plan, however, would provide a fresh path to citizenship regardless of whether a person has children. Originally proposed as the Citizenship Act of 2021, Biden hopes to offers protections for a wide range of immigrants.
Biden's plan would include:
Temporary Protected Status holders
Orphans, widows, children
Filipino veterans who fought alongside the US in World War II
Immigrants with approved family-sponsorship positions to join their family in the US on a temporary basis
Asylum seekers (the bill seeks to eliminate the one-year deadline for filing asylum claims)
Other vulnerable populations like U visa, T visa and VAWA visa applicants
Foreign nationals assisting US troops
What would have to happen next for Biden's plan to go into effect?
To become law, the legislation still needs to move through proper channels. From the start, Democrats and Republicans agreed that Biden's reform bill is a massive undertaking, and so far, the larger bill has been broken up into smaller bits of legislation. Seeing Biden's immigration reforms through in a piecemeal fashion was anticipated by both sides of the political aisle.
A recap of Biden's approach to immigration
Lawmakers have been creating and debating immigration policies since the country's infancy; the new administration is mostly focused on the policies in effect in the last decade.