President Biden’s Proposed Immigration Bill Could Benefit Hundreds Of MDC Students

President Joe Biden proposed an immigration bill on Jan. 20—his first day in office—that if passed would significantly overhaul the nation’s immigration system.

The U.S. Citizenship Act of 2021 could provide a pathway to citizenship for about 11 million undocumented immigrants, update the family-based and humanitarian systems and restructure employment-based immigration.

“From the suspension of deportations which gives peace to many people who are afraid in the community, to the extension of [Deferred Action for Childhood Arrivals] and [Temporary Protected Status] that includes many people in our community,” said immigration lawyer Wilfredo Allen. “It is a very positive step.” 

According to Miami Dade College officials, more than 1,800 students at the school could be impacted by the proposed legislation.

 Maria Mejicano, a 19-year-old student in the Honors College at Padrón Campus seeking political asylum from Venezuela, is one of those students. 

Mejicano, who is scheduled to earn an associate’s degree from MDC in May, is struggling to find viable options during the transfer process because she is not eligible for FAFSA despite having a 4.0 grade point average. 

“There’s a lot of people here that are willing to work for the country and for their families,” said Mejicano, who has been in the United States for five years. “A lot of us have lots of years here in the country and we see this country as our home.”

Pathway to Citizenship

Under the proposal, undocumented immigrants could follow an eight-year pathway to citizenship if they were physically present in the United States on Jan. 1 of this year. 

They would be granted temporary legal status and be allowed to apply for permanent residency—or get a green card—after five years if they pass a criminal background check, show they’ve paid taxes and meet other requirements. 

However, individuals who are DACA, have TPS or are agricultural workers would qualify for a green card immediately.

After three years of permanent residency, individuals can become citizens if they pass additional background checks and demonstrate knowledge of English and U.S Civics.

Humanitarian, Family-Based and Employment Systems

Biden’s proposal would eliminate the deadline to file asylum claims, which requires individuals to apply for asylum within one year of their last entry into the U.S. Additional funding would be used to expedite the visa application processes by reducing backlogs and eliminating lengthy waiting times and protections for some visas—including the U-visa, T-visa and the VAWA visa—would be increased.

The bill would prevent children who benefit from their parents’ permanent residency from “aging out” of the system once they turn 21. It would also allow immigrants that have family-approved petitions to unite temporarily with their family in the U.S. until they wait for their green card. 

“It is not just about working or studying in the country. It is about belonging to the country, pledging allegiance as a citizen,” said 21-year-old Estefano Reyes, another student in the Honors College at Padrón Campus who is also seeking political asylum from Venezuela. “We are a diverse country and the more inclusive and open we are to different environments within the country, the more united we could be in terms of education and much more.

In addition, issued visas from the Diversity Lottery Visa program—a lottery for winning permanent residency in the U.S.—would increase from 55,000 to 80,000. 

There would also be additional funding to address the causes of migration from Central American countries, more technology to help identify smugglers and narcotraffickers, and develop new guidelines on how to treat individuals in custody of Customs and Border Patrol.

Other Plans in the Works

Although the proposal could take a few months to be ironed out in Congress, Biden is expected to take further executive action on immigration in the coming weeks.

He has already signed a number of executive orders regarding immigration: he put a stop to the construction of the southern border wall, reversed the so-called ‘Muslim Ban’ that restricted Muslim immigrants from entering the U.S. and required that all state residents be counted in the census regardless of an individual’s immigration status. 

Biden also put a pause on deportations of undocumented immigrants for 100 days. The president’s order excludes individuals who came to the U.S. after Nov. 1, 2020, are suspected of terrorism or have been determined removable by the Department of Homeland Security. 

However, a Texas judge paused Biden’s order for two weeks while it is being litigated through the court system. 

“I’m really hopeful about his plans,” Mejicano said. “These were [actions] he was promoting during the campaign. Now we have to wait and see if they are things he does.”

Republicans have shown strong opposition to Biden’s bill. For example, in a tweet, Arkansas Senator Tom Cotton said the bill was “total amnesty [with] no regard for the health and security of Americans and zero enforcement.” 

But immigration activists across the country have applauded Biden’s actions.  

“[President Biden is] setting a new and bold tone on immigration,” tweeted Carlos Guevara, associate director for the Latino advocacy organization UnidosUS. “Today we celebrate, tomorrow we get to work.”

Thomas Kennedy, Florida coordinator for United We Dream, a national nonprofit organization and the largest immigrant youth network in the country, also praised the bill. 

“It’s the most progressive immigration proposal introduced in history. It’s early and there are still a lot of moving pieces,” Kennedy said. “There needs to be a clear plan on how this bold and ambitious bill is going to move forward.”