Two New Immigration Bills Pass the House

Nikki Breeland • March 23, 2021

What You Need to Know about the American Dream and Promise Act and the Farm Workforce Modernization Act

      On March 18th, the United States House of Representatives passed both the American Dream and Promise Act as well as the Farm Workforce Modernization Act. 
Both of these bills will provide paths to citizenship for almost 5 million immigrants in the United States. 

To get a better understanding of what these bills mean for you, we discuss them in turn. 

American Dream and Promise Act


The American Dream and Promise Act will provide millions of “Dreamers” a pathway to citizenship. “Dreamers” are young immigrants who entered the country as children. This bill has set itself up to go further than President Obama’s Deferred Action for Childhood Arrivals, also known as DACA, did back in 2012. DACA is best known for giving Dreamers temporary protection from deportation and gave them the ability to lawfully work in the U.S.
 
In addition, approximately 400,000 others who are protected under TPS, or
Temporary Protected Status, and DED, or Deferred Enforced Departure, are also provided with a path to citizenship. The rational in including TPS immigrants is that most TPS recipients have already been in the U.S. for a long time.


The proposed bill would provide any current, former, or future undocumented high school graduates, including those who have received their GED, a pathway to citizenship. Those who are found to be eligible will need to go through a three-step process by either entering college, employment, or military service. Once an applicant is found to qualify, they are permitted to apply for conditional permanent resident status.


Once the applicant receives conditional permanent resident status, and they complete two years of college or service in the military, or three years of employment, they can then apply for lawful permanent residence—a green card.


If an applicant does not meet these requirements, they can apply for a “hardship waiver” if they a disability, care for a someone full-time, or are the spouse, parent, or child of a lawful permanent resident or United States citizen who would experience extreme hardship if they were removed.


After five years of holding a green card, applicants can apply for U.S. citizenship through the normal naturalization channels.


Farm Workforce Modernization Act


To support the immigrant community in the agriculture industry, the House passed the Farm Workforce Modernization Act. 


This bill was submitted as a way to create a process for those who work on our farms harvesting the U.S. food supply. Farm workers will be provided with a way to earn a temporary status as a Certified Agricultural Worker. Certified Agricultural Workers have to prove that they have worked at least 180 days in the agriculture industry for the last two years. As a derivative claim, the dependents of Certified Agricultural Workers can also apply for temporary status.


 

In addition, to further aid those immigrants in the agriculture industry, the bill intends to make the H-2A visa process more efficient for both applicants and employers—reducing the required paperwork by reducing the petitions that must be filed per worker. 

So, What Happens Next?
 

Now that the bills have been passed by the House, they must go to the U.S. Senate. There, they will be voted on. If passed in the Senate, the bills will be sent to President Biden to be signed into law. While there are no promises that it can pass in the Senate, the outlook is positive. 

If you have any questions about what these proposed Acts could mean for you or your family, please schedule a consultation with one of our experienced attorneys.


We look forward to working with you. 

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.



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Nikki Breeland

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