A bill being pursued in the U.S. Congress to grant permanent residency opportunities to long-term immigrants, such as Deferred Action for Childhood Arrivals (DACA) recipients and H-1B visa holders, is drawing attention. On the 27th, Senator Alex Padilla, Ranking Democrat on the Senate Immigration Subcommittee, and Senate Democratic Majority Leader Dick Durbin jointly introduced an amendment to the immigration law that would grant eligibility to apply for permanent residency to immigrants who have resided in the U.S. for seven years or more.
Thirteen Democratic lawmakers, including Senator Andy Kim, have listed their names as co-sponsors of this bill. Additionally, Representative Joy Lofgren is pursuing a related bill with the same intent in the House of Representatives. Under Section 249 of the current Immigration and Naturalization Act (INA), the Secretary of Homeland Security is authorized to grant permanent residency opportunities to individuals who have resided in the United States for a certain period and meet specific conditions. However, this provision, enacted in 1929, has not been changed for approximately 40 years since the 1986 Immigration Reform Act amended the eligibility criteria to “entries made before January 1, 1972.”
Consequently, obtaining permanent residency through this provision is effectively impossible. The bill promoted by Representative Padilla and others aims to amend the requirements of this provision to grant permanent residency opportunities to immigrants who meet criteria, such as having resided in the United States for at least seven years and having no criminal record. In particular, instead of fixing the eligibility criteria to a specific date, the bill changes the rule to recognize eligibility if an individual has resided in the U.S. for at least seven years as of the time of application, thereby avoiding the need for Congress to cumbersomely re-amend the law in the future. If the bill is finally passed, it is estimated that more than 8 million people will become eligible to apply for permanent residency, including DACA recipients and Dreamers who came to the U.S. as children and grew up, refugees, children of long-term visa holders at risk of deportation, essential workers, and highly skilled workers such as H-1B visa holders.
The bill is supported by more than 30 civic organizations, including the National Association of Korean American Service and Education Organizations (NAKASEC). However, the bill faces significant political hurdles in the U.S. Congress. With Republicans holding a majority in both the Senate and the House, and severe partisan conflict surrounding immigration policy, the process of passing the bill is bound to be arduous.