Biden Immigration Reform Legislation Unveiled

Washington, D.C. - In mid-February, Senator Bob Menendez (D-NJ) and Rep. Linda Sanchez (D-CA) introduced President Biden’s immigration reform proposal, the “U.S. Citizenship Act.” The 353-page bill would provide a path to citizenship for various undocumented individuals, which the bill refers to as “non-citizens.” It would create the following pathways to citizenship:

• Farm workers – any non-citizen farm worker that has worked at least 2,300 hours or 400 workdays in agriculture during the preceding five-year period can apply for permanent residency and then citizenship.
• DREAMers – any non-citizen that was brought to the U.S. as a minor and has satisfied one of several requirements including: ( H.S./GED diploma, higher institution diploma, military services, 3-year gainful employment) may apply for permanent residency and then citizenship.
• Temporary Protected Status – any non-citizen that has been granted Temporary Protection Status and has been in the U.S. continuously since January 1, 2017 can apply for permanent residency and then citizenship.
• Others – any non-citizen can apply for “lawful prospective status” if in the country prior to January 2021 and after 5 years he/she can apply for permanent residency and after two more years citizenship.

Bill Requires Overtime for Ag Workers

The bill would also eliminate the federal Fair Labor Standards Act agricultural exemption from overtime and require overtime payments to farm workers. In addition, it would require the Departments of Homeland Security (DHS) and Labor to establish a commission involving labor, employer, and civil rights organizations to help improve the employment verification process and provide additional U visas for workers who are victims of labor violations. While the bill is fairly comprehensive, it lacks and meaningful reforms to the H-2A and H-2B visa programs.

Bill Unlikely to Move in Present Form

Republicans generally object to the bill, and its viability in its current form is extremely doubtful. Speaker Pelosi has suggested that perhaps the legislation should be taken up by Congress in pieces, potentially setting up early March votes on measures such as the Dream Act, and the Farm Workforce Modernization Act, which was endorsed by hundreds of organizations including AmericanHort when it passed the House in December 2019.