The Golden Door: February 2021
Legal and Policy Issues
We are closely monitoring state and federal immigration law and policy. Please check our social media accounts for more frequent updates.
US Citizenship Act of 2021 Introduced in House and Senate
The comprehensive immigration bill promised by President Biden, The US Citizenship Act of 2021, was introduced in the House and the Senate on February 18.
The US Citizenship Act of 2021 is a comprehensive immigration reform bill that would be a significant first step toward rebuilding our immigration system. We thank immigrant youth activists and immigrant-led organizations for their persevering work to make immigration reform a top priority of the Biden administration.
We are excited about many of the provisions in this bill, which would:
Create a New Pathway to Citizenship by providing an 8 year pathway to citizenship for undocumented people who entered the United States before January 1, 2021, and making anyone awaiting their application’s adjudication eligible for a work permit; and providing a fast-tracked 3 year pathway to citizenship for farmworkers, Deferred Action for Childhood Arrivals (DACA) recipients, and Temporary Protected Status (TPS) holders.
Restore Family Reunification by clearing family immigration backlogs and lessening wait times; prohibiting religious discrimination against visa applicants and limiting the President's authority to suspend or restrict entry of broad groups of noncitizens and eliminating the “3- and 10-year bars” preventing some noncitizens from returning to the US after being unlawfully present in the country.
Rebuild Asylum and Protect Immigrant Survivors of Domestic Violence, Trafficking, and Other Crimes by eliminating the one-year asylum deadline and reducing asylum backlogs; increasing protections for victims of trafficking, domestic violence, and serious crimes; addressing underlying causes of migration from El Salvador, Guatemala, and Honduras; and reinstituting the Central American Minors program to reunite children with US relatives.
Decriminalize Immigration by redefining what “conviction” means in immigration law, excluding many convictions that have been dismissed or expunged; improving immigration court by reducing backlogs, expanding training for judges, improving court technologies, and restoring judges’ discretion to grant relief to deserving individuals; providing appointed counsel to children, vulnerable individuals, and others; and adding increased accountability to actions by Customs & Border Protection (CBP).
Address Other Vital Issues by replacing the word “alien” in immigration law with “noncitizen;” ending employment backlogs and caps and eliminating other hurdles for employment-based green cards; protecting immigrant workers from exploitation; and providing new funding to organizations to expand integration and inclusion.
While this bill does not condition immigration reform on increased immigration enforcement and a border wall, it would increase funding to deploy technology and infrastructure to border. This technology could violate the civil liberties of those entering the United States or those who live in border towns on either side of the border, and utilize racially biased facial recognition technology.
The bill also does not address the many areas of federal law that discriminate against immigrants, like laws prohibiting many noncitizens from accessing federal benefits programs until they have had a green card for five years.
Biden Administration Reverts Back to 2008 Citizenship Test
As you may recall, in November of last year the Trump administration announced a new citizenship test that was longer, more complex, and politically biased. As we stated in the November 2020 Golden Door, “these changes are designed to deter immigrants from becoming citizens. Reversing these changes and making the naturalization test more accessible for applicants must be a top priority for the Biden administration.”
The Biden administration did just that and has reversed the 2020 changes to the test. US Citizenship & Immigration Services (USCIS) announced that in accordance with President Biden’s January 20, 2021, executive order on restoring faith in our immigration systems, the agency examined the 2020 test and determined that it “may inadvertently create potential barriers to the naturalization process.”
So, what do citizenship applicants need to know? If you filed your application on or after 12/1/2020 and before 3/1/2021 and are scheduled for your appointment before 4/9/2021, you can choose between the 2008 and 2020 tests. All others will be required to take the 2008 civics test. Find out more at the USCIS website.
Legislative Priorities for 2021
ILAP is tracking legislation in both the U.S. Congress and the Maine Legislature that could impact Maine's immigrant communities. Although immigration law is federal, state laws also impact Maine’s immigrant communities. Our priorities include immigration reform bills before the U.S. Congress and racial and criminal justice bills before the Maine Legislature.
Throughout February, ILAP testified before or submitted testimony to Maine Legislature committees to defend the rights of immigrants, advance bold racial and criminal justice legislation, stand with our partners, and advocate for the passage of policy that will benefit Maine's future.
Read ILAP's testimony:
In Support of LD 2: An Act To Require the Inclusion of Racial Impact Statements in the Legislative Process
In Support of LD 132: An Act To Implement the Attorney General's Recommendations on Data Collection in Order To Eliminate Profiling in Maine
In Support of LD 211: An Act to Support Emergency Shelter Access for Persons Experiencing Homelessness
In Support of LD 320: An Act To Provide the Right to Counsel for Juveniles and Improve Due Process for Juveniles
In Support of LD 417: An Act To Protect Maine's Drivers from Pretextual Traffic Stops
Vision for an Equitable Maine
The pandemic has laid bare underlying problems and inequities in our systems and laws. Things will not and should not be the same following COVID-19.
We see this moment as an opportunity to build a more resilient future where everyone has the chance to reach their full potential. That is why ILAP is joining our friends at Maine Equal Justice and people and organizations across the state to support a shared "Vision for an Equitable Maine."
You can sign on to support our Vision for an Equitable Maine with a letter to policymakers here.
The crises we face demand bold, long-term investment and systemic reform. We hope you will join us to advance systemic change that moves us toward a more just and equitable Maine. Thank you!
A Closer Look
This section of the Golden Door takes “a closer look” at immigration using an intersectional lens based on a monthly theme. Let us know what you think!
Immigration History and Black Resistance
The history of the United States' immigration system, like all systems, is rooted in racism. When European colonizers first came to this country, they violently displaced Indigenous people to claim land and wealth, then created restrictive immigration laws to exclude people from a land that was not their own.
The origins of immigration law are directly tied to slavery and the attempt to control the movement and rights of Black people in this country. Citizenship, when first codified in 1790, was strictly race-based; birthright citizenship was only available to free white people. Throughout history, the U.S. has used immigration laws to exclude many groups of people based on race and nationality.
And yet, Black people, immigrants, and Black immigrants have survived, thrived, and resisted bravely and brilliantly against their own oppression. The immigration system became radically more inclusive, by no coincidence, in 1965 during the Civil Rights Era when Black leaders and activists put their lives on the line to advance justice and equity. During this time, racist nationality quotas were abolished, but not the racism underpinning the immigration system.
As shown by the deportations of Black immigrants this month, during Black History Month, our immigration system will never shake its racist beginnings. We must work to create a new immigration system. Like so many times before, Black people and Black immigrants are leading the way. Groups like Haitian Bridge Alliance, UndocuBlack Network, Black LGBTQ Migrant Project - BLMP, and Black Alliance for Just Immigration, who are highlighted in this Anti-Racism Daily article.
Keep Learning:
Black history is American history and should be celebrated and taught all year long. Check out the ways these organizations marked Black History Month and then continue supporting them all year!
Black P.O.W.E.R held a “series of discussions about the Black experience, Black culture and history, and how to achieve our collective vision of freedom for all members of the diaspora.” Check out the recordings here!
Indigo Arts Alliance celebrated #BlackBrillinace by honoring Black history - and making it! Check out their Facebook page to learn about current and past Black visionaries and artists.
“Racism undergirds much of how our immigration laws have been bent and shaped until the present day, from the Chinese Exclusion Act to today’s detention-deportation system.”