Georgetown Law & UBN Life on Hold

H.R. 6 is split into two main titles: one addressing immigrant youth, which includes DACA recipients, and the other addressing TPS and DED holders. In Title I, H.R. 6 provides a pathway to citizenship for immigrant youth, including the creation of a new Conditional Permanent Resident (CPR) status for those adjusting status under the bill. CPR status puts those eligible under the Dream Act provisions on a shortened track to naturalization. In Title II, H.R. 6 also provides a pathway to citizenship for TPS and DED holders by permitting them to immediately adjust their status to that of Lawful Permanent Residents (LPR), and eventually to naturalize as U.S. citizens. However, despite the fact that the criminal justice system disproportionately targets Black and Brown communities, the Dream and Promise Act of 2021 as introduced includes the all too familiar criminal exclusions from eligibility. 94 Disqualifying criminal histories include an aggravated felony conviction, which under the Immigration and Nationality Act includes any drug-related offense (with an exception for certain marijuana-related crimes), certain felony convictions, three or more misdemeanor convictions, and certain crimes of domestic violence. 95 Criminal exclusions attached to immigration relief bills are increasingly commonplace and reinforce racist narratives about “good” and “bad” immigrants. The adoption of these criminal exclusions exacerbates anti-Black and racist policing practices that target Black and Brown communities. These provisions will deny relief to Black and Brown community members, shrinking eligibility for status and eventual citizenship. H.R. 6 was passed in the House of Representatives with bipartisan support. Several members of the Democratic Caucus used their time during the floor vote for the bill to express their deep concern and rejection of the criminal bar provisions, even as they voted in favor of passage of the bill. It is now up to the Senate to prioritize legislating a pathway to citizenship for these immigrants. Recent Immigration Litigation DACA Litigation DACA Rescission In September of 2017, the Trump Administration announced plans for the rescission of DACA. 96 Four federal lawsuits were filed challenging the legality of this new policy: • Regents of the University of California v. Department of Homeland Security • Batalla Vidal v. Wolf (formerly Batalla Vidal v. Nielsen ) • NAACP v. Trump • Casa de Maryland v. Department of Homeland Security 94 See Asha Noor, Historic Dream and Promise Act Reintroduced, UndocuBlack Network (Mar. 5, 2021), https://undocublack.org/press- releases/2021/3/5/historic-american-dream-and-promise-act-reintroduced. 95 FACT SHEET, The Dream Act: An Overview, Am. Immigration Council (Mar. 16, 2021), https://www. americanimmigrationcouncil.org/research/dream-act-overview. 96 Mufazzar Chishti & Jessica Bolter, Trump Administration Rescinds DACA, Fueling Renewed Push in Congress and the Courts to Protect DREAMers, Migration Pol ’y Inst. (Sept. 15, 2017) https://www.migrationpolicy.org/article/trump-administration-rescinds-daca- fueling-renewed-push-congress-and-courts-protect-dreamers.

Life On Hold: Black Immigrants & the Promise of Liberian Refugee Immigration Fairness

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