Earned Citizenship
"We have to deal with the 11 million
individuals who are here illegally. We all agree that these men and
women should have to earn their way to citizenship. But for
comprehensive immigration reform to work, it must be clear from the
outset that there is a pathway to citizenship. We’ve got to lay out a
path — a process that includes passing a background check, paying taxes,
paying a penalty, learning English, and then going to the back of the
line, behind all the folks who are trying to come here legally. That's
only fair."
President Barack Obama, January 29, 2013
It is just not practical to deport 11 million undocumented immigrants
living within our borders. The President’s proposal provides
undocumented immigrants a legal way to earn citizenship that will
encourage them to come out of the shadows so they can pay their taxes
and play by the same rules as everyone else. Immigrants living here
illegally must be held responsible for their actions by passing national
security and criminal background checks, paying taxes and a penalty,
going to the back of the line, and learning English before they can earn
their citizenship. There will be no uncertainty about their ability to
become U.S. citizens if they meet these eligibility criteria. The
proposal will also stop punishing innocent young people brought to the
country through no fault of their own by their parents and give them a
chance to earn their citizenship more quickly if they serve in the
military or pursue higher education.
The President's Proposal
Create a provisional legal status.
Undocumented immigrants must come forward and register, submit
biometric data, pass criminal background and national security checks,
and pay fees and penalties before they will be eligible for a
provisional legal status. Agricultural workers and those who entered the
United States as children would be eligible for the same program.
Individuals must wait until the existing legal immigration backlogs are
cleared before getting in line to apply for lawful permanent residency
(i.e. a “green card”), and ultimately United States citizenship.
Consistent with current law, people with provisional legal status will
not be eligible for welfare or other federal benefits, including
subsidies or tax credits under the new health care law.
Create strict requirements to qualify for lawful permanent resident status.
Those applying for green cards must pay their taxes, pass additional
criminal background and national security checks, register for Selective
Service (where applicable), pay additional fees and penalties, and
learn English and U.S. civics. As under current law, five years after
receiving a green card, individuals will be eligible to apply for U.S.
citizenship like every other legal permanent resident.
Earned citizenship for DREAMers.
Children brought here illegally through no fault of their own by
their parent will be eligible for earned citizenship. By going to
college or serving honorably in the Armed Forces for at least two years,
these children should be given an expedited opportunity to earn their
citizenship. The President’s proposal brings these undocumented
immigrants out of the shadows.
Create administrative and judicial review.
An individual whose provisional lawful status has been revoked or
denied, or whose application for adjustment has been denied, will have
the opportunity to seek administrative and judicial review of those
decisions.
Provide new resources to combat fraud.
The President’s proposal authorizes funding to enable DHS, the
Department of State, and other relevant federal agencies to establish
fraud prevention programs that will provide training for adjudicators,
allow regular audits of applications to identify patterns of fraud and
abuse, and incorporate other proven fraud prevention measures.
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