Biden’s Bold Play on Immigration Reform Faces Uphill Battle

The daunting, self-imposed early test on an issue that has eluded other recent presidents will show how far he may go to compromise with the GOP — or if compromise is even attainable.

PRESIDENT JOE BIDEN ON his first day in office Wednesday proposed a sweeping and ambitious immigration measure that, if passed, would be the most significant legislative overhaul of the U.S. immigration system in decades.

The action is both a literal and symbolic rebuke of the restrictive immigration policies and general ethos of the Trump administration — and it represents the way in which Biden promised to approach his presidency: boldly and with conscience.

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Yet it also creates for Biden an early, self-imposed test of his leadership, his ability to corral votes in Congress, and of just how far he is willing to go in order to compromise with Republicans — or if compromise is even attainable.

At the center of Biden’s proposed measure is a pathway to legal status and, eventually, citizenship for the nearly 11 million immigrants currently in the country illegally.

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Though ambitious, the bill is not without precedent: In 2013 during the Obama administration, the Democratic-led Senate soundly passed a bipartisan immigration reform measure that would have cleared a path to citizenship for immigrants in the country illegally and made major changes to the legal immigration system. The bill, however, was never picked up by the Republican-controlled House and died. George W. Bush identified the issue as a priority and backed measures that included both a path to citizenship and heightened border security to no avail.

Biden’s bill, dubbed the U.S. Citizenship Act of 2021, is more progressive than the 2013 measure, which included strong border security measures. Passing it will be a formidable endeavor, even with enthusiasm from top congressional Democrats.

The Senate is now evenly divided 50–50, and Democrats will need to get 10 Republicans on board to overcome procedural hurdles required to approve any major legislation.

Democratic Sen. Bob Menendez of New Jersey, who will lead the effort to push the bill through the chamber, acknowledged Thursday on a call with business and immigration leaders that passing the measure as it stands will be a “herculean” task.

“We must start this conversation from a position of strength to advance a bold vision for immigration reform,” Menendez said.

After four years during which Trump cemented immigration restrictions as a tenet of the GOP, Republicans — including some of the same lawmakers who voted in favor of the 2013 measure — have already come out against Biden’s proposal.

Sen. Marco Rubio, Florida Republican and one of the “gang of eight” who worked on the 2013 measure along with Menendez, called Biden’s bill a “non-starter.”

“There are many issues I think we can work cooperatively with President-elect Biden, but a blanket amnesty for people who are here unlawfully isn’t going to be one of them,” Rubio said in a statement.

Senate Minority Leader Mitch McConnell, Kentucky Republican whose support would likely prove crucial, panned the measure on Thursday.

Speaking on the Senate floor, McConnell called the proposal “blanket amnesty that would gut enforcement for American laws while creating huge new incentives for people to rush here illegally at the same time.”

Photos You Should See — Jan. 2021
President Joe Biden holds his grandson Beau Biden at the White House, Wednesday, Jan. 20, 2021, in Washington. (AP Photo/Evan Vucci)
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Other top Republicans have similarly blasted Biden’s measure, calling it some variation of “mass amnesty” for immigrants in the country illegally.

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It’s unclear what, if any, changes would be needed for Republicans to consider the bill.

The American public overwhelmingly backs a pathway to legal status for immigrants living in the U.S. illegally. A Gallup poll conducted in 2019 found that 81% of U.S. adults think immigrants should be able to become U.S. citizens if they meet certain requirements over a period of time.

The Biden administration has not yet released the text of the proposed legislation. Here are some of the measure’s key provisions, according to a fact sheet created by the administration:

Create a pathway to legal status and citizenship for immigrants living in the country illegally. The bill would allow those immigrants to apply for temporary legal status, with the ability to apply for a green card after five years if they pay taxes and pass background checks. Farmworkers, people protected under the Deferred Action for Childhood Arrivals program and immigrants with Temporary Protected Status would be able to apply for green cards immediately. Green card holders would then be able to apply for citizenship after three additional years. In a bid to prevent a rush to the border, only those living in the country before Jan. 1, 2021 would be eligible.
Reform family-based immigration by eliminating per-country caps on visas and getting rid of bars that block people who once resided illegally in the U.S. from re-entering the country for three or 10 years, depending on how long they lived in the U.S. unlawfully.
Boost border security by providing funding for screening and enforcement technology and for training for border agents. The measure would also expand authorities’ ability to investigate and prosecute smuggling, trafficking and gang activity.

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Address the root causes of migration. The bill would create and fund a $4 billion plan to tackle underlying factors that cause people to migrate to the U.S. The plan includes increased assistance to the Northern Triangle countries of Honduras, El Salvador and Guatemala.
Clear backlogs for family-based and work-based visas. It’s not clear what mechanism the measure would use to do this.
Change the word “alien” to “noncitizen” in immigration law.
Claire Hansen, Staff Writer

Claire Hansen is a staff writer who covers immigration, gun policy and marijuana policy, as … READ MORE

Tags: legislation, immigration, Joe Biden, immigration reform, Congress

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Biden’s Bold Play on Immigration Reform Faces Uphill Battle

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