U.S. Citizenship Act of 2021

The bill proposes changing all references to the word "alien" in US law with the word "noncitizen," addressing growing concerns that the term was dehumanizing.^[5] The definition remains the same, meaning that the new term of "noncitizen" will not apply to those American Samoans who do not, in fact, have US citizenship but only acquire the nationality of the United States upon birth.

Under the legislation, any person without lawful immigration status in the United States, if present before January 1, 2021, and pending criminal background and national security checks, may apply for Temporary Protected Status. They would be eligible to apply for green cards after five years, and upon passing further checks and demonstrating knowledge of US Civics and English would be able to naturalize after a further three years.

For any person who was deported on or after January 20, 2017, the Secretary of Homeland Security may waive the presence requirement.

People who already have Temporary Protected Status or were beneficiaries of the DACA program, or were brought to the United States as children, would immediately be eligible for green cards, allowing them to potentially naturalize in as little as three years.

The bill proposes to reduce the administrative burden for employment-based visas, especially for those with advanced STEM degrees from US universities.

In addition, it proposes removing per-country limits in the US visa system. These limits have particularly affected people born in India, for whom current waits for green cards run into several decades.^[6] According to a CATO analysis, without removing these limits, a person chargeable to India applying today would need to wait 150 years to get a green card under the EB-2 category.^[7] The removal of per-country limits has previously been approved by both houses of Congress, but was never signed into law.^[8][9]

The bill prevents children from aging out of the visa system. Under current law, a child whose parents were awaiting a green card would have no legal status on their own upon reaching the age of 21.

The Department of Homeland Security would be able to adjust the annual cap on employment-based visas based on macro-economic conditions.

The bill raises the cap on diversity green cards from 55,000 per year to 80,000 per year.

Those awaiting family visas would be allowed to join their family members in the United States while they await their green card priority date. It would increase protections for LBGQT+ families, and families of those who fought along with the United States military in World War II. Unlike with employment-based visas, the per-country limits on family visas would be increased, but not eliminated. The countries of chargeability most affected by per-country limits on family visas are Mexico and The Philippines.

It would reinstate the Central American Minors Program and creates a new Central American Family Reunification program to allow quicker reunification for those with approved family petitions.

The bill incorporates the provisions of the National-Origin Based Anti Discrimination Act for Nonimmigrants (NO-BAN) Act.^[10] This would prevent a future administration from imposing a ban like the one imposed by Donald Trump in Executive Order 13769, popularly labeled as the "Muslim Ban".

To address what the Biden administration considers the 'root cause of migration', the legislation allows for up to $4 billion in aid to Guatemala, El Salvador, and Honduras, "conditioned on their ability to reduce the endemic corruption, violence, and poverty that causes people to flee their home countries".

It would also create Designated Processing Centers throughout Central America, allowing displaced persons to apply for resettlement either to the United States or to partner countries.

Under the legislation, U and T visa applicants, as well as VAWA applicants would receive increased protections. All asylum seekers would also face reduced administrative burdens for their application.

In contrast to the Trump Administration's policy of building a border wall, this legislation focuses on smart border screening and enhanced enforcement against criminal organizations.

It also seeks to protect border communities, by increasing CBP agent training and education for professionalism and develops a unified standard of care for those in CBP custody. It creates a Border Community Stakeholder Advisory Committee to investigate misconduct by DHS agents.

The bill would increase the number of immigration courts, judges, and USCIS adjudicators aiming to reduce the backlog of immigration cases. It also provides funding for legal orientation programs and counseling on immigration-related matters. Besides, existing state, local and private not-for-profit programs promoting integration and inclusion, including English language training, would receive supplemental federal funding.

The bill was introduced in the House and Senate on February 18, 2021 by Rep. Linda Sanchez, and Senator Bob Menendez respectively.^[11] Several Republican lawmakers have expressed their opposition to the bill.^[12][13][14] On the Democratic side in the United States Senate, lobbying for the bill is being led by New Jersey Senator Bob Menendez,^[15][16] which he called a "Herculean" task among Republican opposition.^[15]

In addition to sending the bill to Congress, on his first day in office, Joe Biden signed three orders related to immigration. The first, in a Presidential Memorandum to the Attorney General of the United States and the Secretary of Homeland Security, aims to reinstate the DACA program.^[17] The second, in the form of a Presidential Proclamation, overturns the travel ban imposed by Donald Trump through Executive Order 13780.^[18] The third was an Executive Order reversing Executive Order 13768.^[19] Another Presidential Proclamation halted the construction of the Mexico-United States barrier by ending the emergency declaration that allowed Donald Trump to divert U.S. Department of Defense funds for its construction.^[20]

Under Senate rules, the bill would need 60 votes for cloture if any senator filibusters the legislation. Facing Republican opposition, the White House indicated they may be open to breaking the reform bill into pieces so that portions more likely to be approved (like the DACA, and employment visa provisions), can pass sooner.^[21]