Biden’s plan to outdo Obama, undo Trump’s immigration legacy has begun

The measure will offer undocumented immigrants a path to citizenship.

A central piece of Biden’s legislative proposal, which was first reported by POLITICO, is to give 11 million undocumented immigrants a path to citizenship. The bill, called the U.S. Citizenship Act of 2021, would give qualifying immigrants temporary legal status and allow them to apply for green cards after five years if they meet certain requirements. Three years later, they would become eligible to apply for citizenship.

Deferred Action for Childhood Arrivals (DACA) holders, Temporary Protected Status recipients and immigrant farmworkers who meet certain requirements would be immediately eligible for a green card. Applicants must have been present in the U.S. on Jan. 1 to qualify under the proposed bill.

“The American public knows that our immigration system is not working the way it should be and we need a complete overhaul that both protects the American people that’s also consistent with our values,” a now-White House official said Tuesday night in a call ahead of Biden’s inauguration.

The bill would also add more technology to enhance security at the U.S.’ southern border — a sharp turn from outgoing Trump’s focus on a border wall.

“For the past four years, what we’ve seen is only a focus on the wall,” another White House official said on Tuesday. “This is like a reset to focus on smart enforcement that’s also fair and humane.”

Biden officials wouldn’t offer specifics on a price tag or timeline for the increased technology and infrastructure at the border, saying part of it depends on decisions to come from Alejandro Mayorkas, Biden’s pick to lead the Department of Homeland Security. Democrats have pushed for a quick confirmation for Mayorkas, but on Tuesday, Sen. Josh Hawley (R-Mo.) said he would object to swift consideration of the nominee. Hawley could force a delay in Mayorkas getting started.

Another major aspect of Biden’s bill will tackle the root causes of migration — an issue the president-elect was actively involved in during his time as vice president to President Barack Obama. The bill would fund a $4 billion interagency plan that would include aid for El Salvador, Guatemala and Honduras tied to their efforts to reduce corruption, violence and poverty.

On Monday, a group of 90 human rights, labor, immigrant and racial justice groups including the American Civil Liberties Union and progressive group Community Change, urged the Biden administration to impose an immediate moratorium on all deportations — a promise he made on the campaign trail. However, White House officials were unable to offer a timeline or details on a moratorium, saying it requires “agency action” and more information will be shared “in the coming days.”

They also asked Biden to shrink the U.S. enforcement system, in part, by reducing detention levels and ending aggressive enforcement near the border.

“In the long term, enforcement reform will require Congressional action. However, significant progress can be made through executive action,” they wrote in a letter.

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