A new bipartisan Senate bill has recently emerged, focusing on border and military aid, but unexpectedly includes provisions for additional family and employment-based green cards. This surprising provision aims to provide relief for the backlogs in the visa system. The bill also contains other measures, such as age-out protection for long-time visa holders and a pathway to permanent residence for Afghans who were paroled into the United States after escaping the Taliban takeover.
However, despite its potential benefits, there remains uncertainty regarding whether the bill will see the light of day in the House. House Speaker Mike Johnson, who opposes aid to Ukraine, has dismissed the bill as 'dead on arrival.' Additionally, some Republicans fear giving President Biden a political victory, which has further jeopardized the future of the bill.
The bill addresses the pressing issue of the backlog in employment-based green cards. By 2030, it is projected that the backlog for Indians in the employment-based immigrant preference categories alone will exceed 2 million. Currently, the annual limit of 140,000 green cards, including dependents, and the per-country limit of 7% contribute to potentially decades-long waiting times for individuals and families. The bill proposes adding 18,000 employment-based green cards annually from FY 2025 through FY 2029.
In addition to employment-based green cards, the bill also seeks to increase family-based green cards. The plan is to add 32,000 family-based green cards in preference categories each year from FY 2025 through FY 2029. This is a crucial step to address the significant backlog that has left around 4 million individuals on the waiting list as of November 2022.
One of the significant problems faced by individuals seeking employment-based green cards is the age-out issue. Due to long waiting times, children can age out of eligibility when a parent's immigration application is pending, leaving them with the difficult choice of self-deportation or being separated from their families. The Senate bill, however, tackles this problem by introducing new language that accounts for a child's age at the time of a parent's approved H-1B petition. Under this provision, children who were dependent for eight years or longer before turning 21 and had been part of a green card application at least two years prior would be protected.
Despite the progress made by this provision, it is important to note that it does not extend its protection to all children of long-term visa holders. However, it is still seen as a positive step forward by advocates, such as Dip Patel, founder of Improve The Dream.
Another critical aspect addressed by the Senate bill pertains to Afghans who were paroled into the United States after July 30, 2021, as a result of the U.S. exit from Afghanistan. Parole status is temporary and necessitates ongoing renewal, making it imperative for Congress to grant permanent residence to certain groups of parolees through legislation. The bill allows the Department of Homeland Security (DHS) to adjust the status of these parolees to lawfully admitted for permanent residence status. This provision offers a sense of security to these individuals and their families, ensuring they are not forcibly returned to Afghanistan and subjected to the danger posed by the Taliban.
Moreover, the bill also encompasses comprehensive asylum and border measures, such as the recruitment of more asylum officers and raising the credible fear standard. The most contentious provision is the granting of 'border emergency authority' to the Secretary of Homeland Security, which would enable the cessation of processing for many individuals upon reaching certain thresholds of inadmissible alien encounters. This authority closely resembles the Title 42 expulsion authority that both the Trump and Biden administrations have exercised. However, the effectiveness of Title 42 in reducing illegal entry has been called into question.
To evaluate the efficacy and human rights implications of the 'border emergency authority' provision, a compromise proposed by the National Foundation for American Policy suggests that it sunset after three years, allowing Congress to assess its impact. Additionally, the bill retains the president's humanitarian parole authority, which has proven effective in reducing illegal entry.
However, it is essential to acknowledge that the border issue is often discussed without adequately addressing the underlying causes that compel individuals to leave their home countries and seek refuge in the United States. The ongoing refugee crisis in the region, including the exodus of over 7.7 million people from Venezuela due to economic and human rights issues, is a primary driver of migration. When legal avenues for entry are limited, individuals resort to crossing the border and presenting themselves to authorities. This highlights the urgent need for comprehensive immigration reform that addresses the root causes of migration.
Lastly, the fate of this bill remains uncertain, particularly concerning House Speaker Mike Johnson's opposition to aid for Ukraine. Without passage in the House, additional military assistance to Ukraine may not be possible, leaving the country vulnerable to further territorial encroachment by Russia and jeopardizing its long-term independence. It is unclear if another legislative vehicle for aid to Ukraine will emerge if this bill fails.
In conclusion, the recently proposed Senate bill encompasses a range of measures focusing on border and military aid, particularly addressing the backlog in employment-based and family-based green cards. It also includes provisions for age-out protection and a pathway to permanent residence for Afghan parolees. However, the bill faces challenges in the House, and its future remains uncertain. Nevertheless, the bill highlights the pressing need for comprehensive immigration reform that tackles the root causes of migration while ensuring the security and well-being of individuals seeking a better future in the United States.
