Just finished reading the 66-page summary of the Biden #ImmigrationBill. It's not the law yet! But here are some highlights:
1. New "Lawful Prospective Immigrant" status, or LPI. Good for 6 years, and can file for green card after 5.
Eligibility: In US since 1/1/2021.
If you were here for 3y and departed/deported during Trump presidency, you can qualify for LPI status.
Receipt notice of LPI status serves as a work permit.
LPI status cannot be used by ICE. Many crimes disqualify you.
Those who had certain statuses on 1/1/21 are ineligible.
2. Dreamers can skip LPI and go straight to green card. A Dreamer is anyone who entered the US under age 18 and before 1/1/2021. Dramatically more than DACA!
Current DACA recipients will enjoy an easier, streamlined green card process.
Spouses and children included!
3. TPS/DED holders can also skip LPI and go straight to green card if meet LPI criteria and present in US since 1/1/2017.
Agricultural workers who meet LPI requirements and done 2300 work hours (400 work days) of agricultural labor can also skip LPI and go to green card.
4. V Visas to return, better than ever! These are visas that allow people stuck in long visa wait times to be with their family in the US while they await their turn. Expanded to *any* family-based immigrant, and authorizes work while here.
This would be a game changer.
5. Crimmmigration:
Conviction redefined; now dismissed, vacated, deferred, and expunged convictions will no longer be convictions for immigration purposes.
And they're bringing back the JRAD (now called JRAR: judicial recommendation against removal). This was repealed in 1990.
6. New waivers of criminal conduct: bringing back 212(c) (repealed in 1996); allows greater judicial review of agency decisions, and creates new judicial procedures for LPI status challenges.
7. Expanded eligibility for 3 year naturalization (usually 5 years). Waived English requirements for senior citizens. And graduates of US high schools don't have to take civics test to naturalize.
8. Addresses backlogs by capturing all unused visas from 1992 - 2020, without deducting immediate relatives.
Spouses and children of green card holders will be treated as immediate relatives, not subject to count.
Changes the way immigrant numbers are *counted*.
9. Terminology: all references to the word "alien" in all immigration law replaced with "noncitizen."
Civil marriages no longer required: recognition of "permanent partner" status.
Enhanced protections for orphans and surviving spouses.
10. Many victims of current system's backlog will get relief: those waiting 10+ years in employment, being able to retain old priority dates, eliminating per-country caps but also increasing overall levels to avoid worldwide quota being used by India/China.
11. HUGE: Repeal of the 3/10 year bars, and the permanent bar. This one thing will provide relief to *millions* who can now leave the US and return on a regular visa without penalty.
No more discrimination on grounds of religion; limits President's power to issue 'travel bans.'
12. New 'Economic Development Immigrant Visa Pilot Program" -10K new visas/year for employment essential to economic development strategies. Good for 5 years.
Increase Diversity Lottery from 55K to 80K; employment-based immigration 140K to 170K; raise per-country caps 7% to 20%.
13. Immigration Court reform: expanding alternatives to detention; hiring 55 new immigration judges each year through 2024, enhance tech/support staff, institute e-filing (yay!) and authorize court-appointed attorneys in removal proceedings, mandatory for kids and vulnerable ppl.
14. Govt will have to provide entire file to respondents, and cannot deport anyone without doing so. Right to counsel affirmed at expedited removal, bond, detention - all proceedings.
Expand legal orientation programs for all respondents.
15. Repeal 1-year bar for asylum. Work permit clock capped at 180 days (down from 365).
U visa cap 10K to 30K. New qualifying crime: Labor violations. New U visa work permit clock.
New special immigrant visas for overseas gov't employees, and for Syrians.
New effort to promote integration and workforce development, campaigns to urge naturalization, creation of New Immigrant Councils, promote English and other vocational skills.
17. 4 year strategic engagement with Central America; efforts to "address the root causes of migration."
Expanding refugee resettlement in the Western Hemisphere. Set up RR centers in Northern Triangle (El Salv, Guat., Hond.)
Revive CAM program for minors. OIG oversight.
18. Continuing education/training for ICE/CBP officers, including cultural, legal, and medical.
New "use of force" guidelines in coord. w/ DOJ Civil Rights Division
Establish minimum standards of care for detainees, inc'l children.
Enhance penalties for trafficking/smuggling.
There's a lot in this "summary of a summary." The bill text will be released later today.
This is a good start. Without getting into a "perfect v. good" war, I do have some initial thoughts/warnings:
1. Family detention needs to end. There's no way to humanely detain children.
2. There need to be stronger healthcare worker provisions.
3. The "information campaigns" telling people not to come are a waste of time and reek of imperialistic bravado. Let the laws do the talking.
4. The definition of "refugee" has been gutted by years of muddled jurisprudence. It's time to redefine it as those forcibly displaced. Includes climate refugees.
5. Must have a recognition of purging racism from our immigration law. Make it a stated, express policy.
6. Good that Biden bill uses the term "manage" the border, but still uses term "secure." A properly managed border IS secure. And prosperous. Stop reinforcing symbol of border as a wall. It's a tool, hopefully to be used wisely.
7. This would be the largest amnesty in history. The anti-immigrant movement will *not* let this slide. This bill is a reversal of 40 years of their hateful 'advocacy.'
Ignore the #TantonNetwork at your own peril. If this bill fails, it'll be because of them.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Four years ago, I filed a request to unseal the papers of white supremacist John Tanton. Sealed away at @UMich until 2035, the #TantonPapers will shed light on the anti-immigrant organizations he built that are largely responsible for the horrors of the last 4 years.
The University has fought me tooth and nail for 4 years to keep these papers secret. Supposedly honoring a mysterious "gift agreement" with Tanton - which they've NEVER produced a copy of.
But we know the real reason you thought it necessary to tweet this.
Because your advocacy requires dehumanizing language.
You'll never call them future citizens, or aspiring Americans. Then people might realize that immigration status can be fixed with the stroke of a pen.
You have to make people believe something is being stolen from them. You need an enemy.
Every term you use and policy you push is designed for one thing: keeping people out of this country.
We know where you came from: the racist fears of a eugenicist doctor.
This is one of the oldest and stupidest arguments used by racists to justify their abhorrent policies.
A country is NOT like a home. It's public. It does business with other countries. It's supposed to have goods, ideas, services, and people crossing its borders.
Racists like to say "there's no country without a border."
Bullshit. A country is defined by the people in it, not an overcompensating wall.
And lol at "border security." They mean "border militarization." It's hard to argue against security, but let me try.
What's safer?
1. A border people die trying to cross, and if they make it, they're arrested, detained, and ripped from their families 2. A border across which people can share ideas, goods, or a conversation and a meal
Borders should be PROSPEROUS. Security will naturally flow.
Banning undocumented immigrants from the census isn't new. The white supremacist group @FAIRImmigration spearheaded an effort to do the same in the 1980 census