Immigrants in the US could qualify for lawful permanent resident status (commonly known as a green card) if they have lived in the country continuously for at least seven years before applying, do not have a criminal record, and meet all other current eligibility requirements — according to a bill proposed to be introduced in the US Senate by Senator Alex Padilla. The announcement comes against the backdrop of what the bill’s backers describe as the “indiscriminate” immigration enforcement practices of the Trump administration, according to a release.The bill is expected to be introduced in the US Senate in the coming week, but immigration experts are skeptical about its chances of passing. Padilla, a ranking member of the Senate Judiciary Subcommittee on Immigration, had made headlines just a month ago when he was forcibly removed from a press conference held by Department of Homeland Security Secretary Kristi Noem — an incident that sparked nationwide debate. Senator Dick Durbin will co-lead the bill in the Senate, while Representative Zoe Lofgren will lead the parallel effort in the House of Representatives.“This overdue update would provide a much-needed pathway to a green card for more than 8 million people, including Dreamers, forcibly displaced individuals (Temporary Protected Status holders), children of long-term visa holders, essential workers, and highly skilled members of our workforce, such as H-1B visa holders, who have been waiting years for a green card to become available,” says a release from Padilla’s office.If passed, the bill would also benefit hundreds of Indian nationals stuck in a decades-long backlog for employment-based green cards and help prevent family separation caused by children ‘ageing out’ (turning 21). At present, these children must either switch from a dependent visa (such as an H-4) to an international student visa or deport to India or another country. According to a March 2023 analysis by David J. Bier, director of immigration studies at the Cato Institute, the employment-based green card backlog for India (EB-2 and EB-3 categories) had reached 10. 7 lakh, with nearly 1.34 lakh children projected to age out before a green card became available.Technically, the bill seeks to amend Section 249 of the Immigration and Nationality Act, known as the “Registry,” which gives the Secretary of Homeland Security discretion to grant lawful permanent resident status to individuals who have been in the country since a specified date and meet other criteria. Section 249 was last updated in 1986, and the current cutoff date for eligibility remains January 1, 1972 — more than 50 years ago.Senator Padilla had introduced a similar bill in September 2022, which is now being revived and reintroduced. The “Renewing Immigration Provisions of the Immigration Act of 1929” would amend the Registry statute by updating the eligibility cutoff, allowing individuals who have lived in the US for at least seven years before filing an application to qualify for permanent residency.“Americans know there’s a better path forward than the Trump administration’s cruel scapegoating of hardworking immigrants and fearmongering in California communities,” said Padilla. “We believe that if you’ve lived here for over seven years, paid taxes, contributed to your community, and have no criminal record, then you deserve a pathway to legalization. My bill is a commonsense fix to our outdated immigration system — the same kind of reform Republican President Ronald Reagan embraced four decades ago, calling it a ‘matter of basic fairness.’ This legislation creates no new bureaucracies or agencies — it simply updates a longstanding pathway to reflect today’s reality and provide a fair shot at the American Dream for millions of Dreamers, TPS holders, and highly skilled workers who have faced delays and uncertainty for decades.”
