Legal Status on Horizon for 11 Million Immigrants with Legislation under New Biden Administration
A shortened pathway to citizenship is in the near future with legislation that President-elect Biden plans to send to Congress during his first few days in office. Under this bill, DACA (Deferred Action for Childhood Arrivals) and TPS (Temporary Protected Status) recipients would automatically be granted permanent residence.
The executive director of the National Immigration Law Center, Marielena Hincapié, has spoken out about this legislation, saying that this proposed legislation contains no provisions regarding increased security and enforcement measures. Hincapié, who was co-chair of the Biden-Sanders Unity Task Force on Immigration, also mentioned that the incoming administration’s decision not to prioritize enforcement stemmed from the experiences that came with the Obama administration’s failure to appease Republicans.
According to a memo sent to the Biden administration from chief of staff Ron Klain, we can expect to see this bill sent to Congress on Biden’s first day in office.
Other changes that we can expect to see under this plan are eligible for permanent residence after five years. Eligibility for citizenship will come after three years.
Speaking with Univision, Vice President-elect Kamala Harris mentioned that this bill would shorten the wait time for U.S. citizenship to eight years instead of 13. This will be achieved by tackling the backlog in cases by bringing in more immigration judges.
What Is the Pathway to Citizenship in Biden’s Immigration Proposal?
The pathway outlined in the Biden administration’s immigration bill offers undocumented immigrants the ability to:
- Obtain temporary legal status immediately
- Apply for adjustment of status to become a lawful permanent resident (Green Card holder) after five years
- Pursue naturalization and full U.S. citizenship three years after that
This reduces the total time to citizenship from approximately 13 years to just 8 years.
How Does This Affect DACA and TPS Recipients?
DACA recipients, often referred to as “Dreamers,” and TPS holders will benefit from automatic permanent residency under the proposed legislation.
Who qualifies under TPS?
- Citizens from designated countries facing:
- Armed conflict
- Natural disasters
- Extraordinary and temporary conditions
Current TPS countries include Honduras, El Salvador, Haiti, Syria, and more.
This bill would immediately improve legal protection and status security for these individuals, while streamlining their route to full citizenship.
What About Undocumented Immigrants Not Covered Under DACA or TPS?
Biden’s proposal is designed to be inclusive. It covers all undocumented immigrants who were present in the United States as of January 1, 2021, regardless of whether they qualify for DACA or TPS.
These individuals may apply for temporary legal status, with an option for adjustment of status after five years, provided they pass background checks and pay taxes.
Who Oversees This Process?
The U.S. Citizenship and Immigration Services (USCIS) will be the lead federal agency processing applications for:
- Temporary protected status
- Adjustment of status
- Green cards
- Citizenship/naturalization
Applicants are encouraged to consult an immigration attorney to help prepare documentation and track eligibility.
Legislative Process: What Needs to Happen for This Bill to Pass?
Before any reform takes effect, the following steps are required:
- Bill introduction to the U.S. House of Representatives
- Review by House and Senate Judiciary Committees
- Passage by both chambers of Congress (60 votes needed in the Senate to avoid a filibuster)
- Presidential signature by Joe Biden
Political analysts suggest bipartisan support will be essential. Immigration reform has historically been a highly polarized issue in the U.S.
Historical Context: Obama, Trump, and Now Biden
Under Obama:
- DACA was introduced, helping over 800,000 undocumented individuals
- Enforcement measures increased, leading to record deportations
Under Trump:
- DACA was nearly ended, with new applications blocked
- Emphasis was placed on stricter border control and reducing legal immigration
- Refugee and asylum admissions were dramatically limited
Under Biden:
- Focus returns to legal integration, pathway creation, and backlog reduction rather than enforcement
Immigration Backlog and Reform Measures
Vice President Kamala Harris emphasized a comprehensive backlog strategy. The proposal includes:
- Hiring additional immigration judges and asylum officers
- Digitizing USCIS case management
- Allocating funds for efficient legal case resolution
These steps aim to reduce the massive immigration backlog that has grown to over 1.7 million pending cases as of 2024.
What Comes Next? Future Timeline of the Immigration Reform
While the bill was expected early in Biden’s term, congressional approval is still pending. Here’s what could happen next:
- 2025–2026: Legislative amendments and lobbying
- Post-2026 Elections: Renewed efforts if not passed
- USCIS Rulemaking and Implementation: If passed, USCIS would open up adjustment of status procedures
Frequently Asked Questions (FAQs)
What is DACA, and who qualifies?
DACA is a program that protects eligible undocumented immigrants brought to the U.S. as children. It defers deportation and provides work permits.
What is TPS, and who qualifies?
TPS is a temporary status for nationals of countries experiencing crisis (e.g., natural disasters or armed conflict). It provides work authorization and deportation protection.
How does adjustment of status work?
It’s the legal process where eligible immigrants already in the U.S. change their visa or stay type to lawful permanent residency (Green Card) without leaving the country.
How long is the new pathway to U.S. citizenship?
Under the Biden proposal, immigrants can:
- Get a Green Card after 5 years
- Apply for citizenship after an additional 3 years
Total time: 8 years.
Who processes these applications?
USCIS (U.S. Citizenship and Immigration Services) is responsible for processing all legal immigration petitions under this reform.
What if the bill doesn’t pass?
Advocates suggest preparing now. Retain legal documentation, consult an immigration attorney, and stay informed through legal updates.
Need Legal Help Navigating the Immigration Bill?
At Sidman Law Group, we specialize in helping immigrants and families understand and benefit from new immigration laws and procedures.
Whether you’re a DACA recipient, a TPS holder, or an undocumented immigrant seeking status, we offer:
- Personalized immigration evaluations
- Adjustment of status support
- Green Card and naturalization application guidance
Ready to Take the Next Step?
Schedule a FREE Immigration Consultation Today
Or call us directly at 818-981-0352
Email: [email protected]
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We handle all types of immigration cases, including business and family immigration matters as well as deportation and removal cases.
