Biden immigration plan raises hopes for those in Berks seeking path to citizenship

Feb. 25—A lot of people had been anxiously awaiting the unveiling of President Joe Biden's plan to overhaul the nation's immigration system, a priority he made clear in his campaign and his first day in the Oval Office.

Fatima Mendez of Reading was one of those people. But for her it's not a matter of policy or politics. It's personal.

She is one of nearly 700,000 young men and women known as "Dreamers," recipients of the Deferred Action for Childhood Arrivals program, an administrative action from the Obama era that protects immigrants from deportation who were brought into the United States illegally as children.

They are commonly referred to as "Dreamers," based on never-passed proposals in Congress called the DREAM Act. Opponents say the law rewards people for breaking the law, encourages illegal immigration and hurts American workers.

In the case of Mendez, she came to Berks County from El Salvador as a 14-year-old in 2006. She was escorted by adults on the arduous journey to reunite with her parents, who received temporary protected status in 2001, following a devastating earthquake that hit their home country.

Mendez, who went on to earn a degree from Albright College, said being part of the program has enabled her to work at a local bank and contribute to her community. Without the program, she would face the possibility of being sent back to a country that she barely remembers.

So it should come as no surprise that the immigration system is something Mendez pays quite a lot of attention to. And the 30-year-old says that Biden's election, and his early attempt to address that system's flaws that was unveiled last week, have her cautiously optimistic.

"I think this proposal is great and pretty ambitious," she said. "It honestly feels like Biden is setting the bar high and that what we will actually get from lawmakers will be very different in the end."

Biden's plan looks to make sweeping changes to the immigration system like creating pathways to citizenship for the 11 million immigrants here illegally and for the more than 1 million here under protected status like the "Dreamers".

The proposal, known as the U.S. Citizenship Act of 2021, would have a profound impact on her family.

"It's always good to be hopeful, but it's expected that since you're an immigrant we should be grateful for whatever we get," she said. "I feel like, in some ways, I can't really criticize a plan like this."

Although Mendez is excited about the possibilities of Biden's plan, she said she realizes it has a long way to go before becoming a reality. Parts of it will likely receive pushback, aspects of it may end up changing significantly.

"These proposals come and go all the time," she said. "I want to be excited but at the same time, I feel like this is an issue that gains momentum every few years and then nothing actually happens. We need lawmakers to take action."

Mendez, who recently bought a home in Reading with her boyfriend, said she is relieved just knowing the president isn't actively looking to deport all those living in the country illegally.

"I have been just enjoying ordinary life," she said. "I'm just like everyone else: I go to work. I pay taxes. I worry about all the same things and I live in this community."

Mendez said she considers herself privileged. She was able to get a college education, she can legally drive, she has a Social Security number, she can live without being in constant fear of being deported if someone discovers her immigration status.

"I pretty much have all the perks of being a citizen," she said. "But there is still a fight to be respected as an American."

Mendez said becoming a citizen would mean she could finally cast a ballot, travel outside the country and have the ability to apply for school loans. But the biggest change it would make would be how she views her place in the community.

"I think I would feel more empowered to speak out about the things I would like to see in my community," she said. "I think there is still a fear that I carry around about my status and what it could mean for me if someone has a problem with it.

"Not having to worry about being judged would be a huge relief."

Like Mendez, other local immigration advocates have applauded Biden's effort. But they also remain a bit wary, unsure if there's enough political will for the immigration system to be rewritten and of what it will look like in the end.

The plan

The administration and congressional Democrats have unveiled an immigration reform bill that includes proposals Biden announced on his first day in office.

The centerpiece of the legislation is an eight-year path to citizenship for most of the 11 million undocumented immigrants living in the U.S. as of January.

After passing background checks and paying taxes, they would be allowed to live and work in the U.S. for five years. After that, they could apply for a green card, giving them the opportunity to gain citizenship after three more years.

It would also remove restrictions on family-based immigration, expand worker visas, reduce immigration court backlogs and provide funding to reduce asylum application backlogs.

Attorney Abraham Cepeda, who practices immigration law at Cultura Law in Reading, said there are many proposals in the legislation that get to the heart of the problems plaguing the existing immigration system.

"I am glad to see that they are addressing some of the glaring mistakes of the past that have led to this crisis," he said. "The bill has a lot of meat in it if it would pass in this form. And Biden has a good chance because the Democrats control both chambers of Congress right now."

Cepeda said he was pleasantly surprised that the president stuck to his campaign promise by making it clear that immigration would be one of his first priorities.

"To tell you the truth, I didn't think he was going to come out with this plan on Day One," he said. "This makes me hopeful that he is really ready to get to work on this."

Cepeda said the pathway to citizenship for those in the country illegally is probably the most exciting piece of the legislation.

He said the provisional status would give them the opportunity to work legally, use the banking system, obtain a license to drive and travel outside the country to see family. It would also require that they pass a background check and pay taxes that are owed.

"This proposal makes sure we vet the people going into this system, and I believe what is being asked of them is appropriate," he said. "We want to make sure everyone feels confident that these people are going to contribute to our community."

Cepeda said most of the families that his firm serves have at least one undocumented family member who is worried they will be discovered and deported. So, he said, the proposal would eliminate the constant anxiety that comes from knowing a family member could just disappear one day.

Cepeda said there are also a number of what he called hidden gems in the legislation.

Those include eliminating a provision put in place by former President Bill Clinton that bars someone found to be in the country illegally who leaves voluntarily from returning for 10 years, and providing more funding to help speed up the immigration process.

"I deal with cases stemming from these issues all the time," he said. "Most people are unwilling to voluntarily leave behind the lives they have built here and it can take people more than a decade to get here through the proper channels.

"You hear a lot of people say that immigrants should get in line and do it the right way. But I don't think people know about the backlogs that exist. And if you're living in a dangerous situation in your home country waiting that long is not much of an option."

Michael Toledo, president and CEO of the Daniel Torres Hispanic Center, said Biden's support so early into his term is a good sign.

"With all the challenges that the president is facing right now, that he put out a comprehensive plan on immigration gives me a great deal of hope," he said. "It is time for Congress to take action now. And, quite honestly, the majority of Americans want to see a fair and humane immigration policy that supports those in our country who are working and contributing to the communities they live in."

Toledo is right about positive public opinion. It's growing.

A Morning Consult/Politico poll released in January found that 57% of voters believe those in the country illegally should be allowed to stay and become citizens if they meet certain requirements — up 11 percentage points from an April 2017 survey. It is the most recent poll available on the issue.

The process

While previous attempts at sweeping immigration reform have failed under both Republican and Democratic administrations, Biden has signaled a willingness to break the legislation into pieces.

As a potential secondary path, lawmakers would work to pass bills legalizing farmworkers and "Dreamers" right away, then move toward a more expansive overhaul. The main objective, officials said, is progress.

Carol Anne Donohoe, a Berks resident who is managing attorney for the immigration advocacy organization Al Otro Lado, said there certainly are actions that can be taken immediately to ease the burden on the millions of families at risk of deportation and those that have protections under temporary programs.

But, she warned, lawmakers should look at the legislation as a whole because people tend to look at these two groups quite differently. Some may feel more sympathetic for a child who was brought here by their parents, but the reality is that those children would still worry about their undocumented parents being deported.

Whether there is the political will to pass comprehensive legislation in the current political environment is the real question. So she acknowledged that working on individual pieces may be a better way to go.

"I'm normally of the opinion that you ask for everything," she said. "But if one piece gets done sooner than the other that's at least one piece that wasn't done before. And this is coming from someone who is so not a fan of incremental change."

Donohoe said that whatever path Congress takes, advocates will be ready for a fight.

"We have to be loud and we have to be demanding," she said. "We have to let them know that we are not going to accept any of the horrors that have taken hold in our immigration system. We learned a lot of tactics under Trump so we are prepared to fight."

She said that since Biden was sworn in, she no longer wakes up every morning with the existential dread that anything she does is useless. But she added that she has been following immigration issues long enough to know that a new president cannot magically make the system better.

"I don't look to a leader as being the answer," she said. "We have to keep watching, questioning and urging action because a lot of harm has been and continues to be done under our current system."

Toledo said members of the Hispanic Center will do everything they can to support the legislation.

"We see the true value that our immigrant and mixed family population brings to the community," he said. "We just have to continue to tell the story about the contributions that they are making. And, hopefully, our congressional leaders on both sides of the aisle can work with the administration on a bill that lifts up everyone.

"Given our current political climate, I have my doubts that this is possible. However, Biden spent so much time in Congress that he understands how important it can be to compromise."

Early disappointments

Even if Biden gets most of what he wants on immigration, fully implementing the kind of sweeping changes he's promised will likely take years.

Donohoe said she worries that Biden may not do enough to reverse policies put in place by the Trump administration. And she already has a few examples of ways in which he has disappointed advocates.

Biden issued an executive order banning the detention of migrants from private prisons, but the order does not apply to facilities like the Berks County Residential Center.

Donohoe, who had previously represented those detained at the Bern Township center, said she was discouraged that both the executive order and the legislation supported by Biden does not specifically mention the detention of families at facilities like the one in Berks.

"There is absolutely no purpose for detention," she said.

She is also disappointed that deportations are still taking place.

Biden signed a moratorium on the second day of his term declaring a pause on certain deportations for 100 days. But that moratorium has been blocked by a judge in Texas.

Donohoe said there is more Biden could do. She said the president could have reversed a Trump policy that used an obscure public health rule to effectively close the southern border to asylum seekers due to concerns about the coronavirus pandemic.

"We need more immediate action and more clarity," she said. "We need them to actively stop ICE from deporting people and begin processing people so that they can remain in the country until they have had their day in court."

There has, however, been one bright spot.

Donohoe said she was happy to see Biden sign an executive order creating a task force to reunite hundreds of migrant families who were separated at the border by the Trump administration and remain apart years later.

But she still remains concerned about a lack of details or timeline for the plan.

"These families are told to be patient, but it's really hard to be patient when you haven't seen your child in three years," she said. "The issue is not finding these parents because we know how to find them. The problem is the hundreds of deported parents who have not been able to return."

A long journey ahead

Cepeda said he can still remember a time when immigration was a nonpartisan issue.

In fact, he pointed out that two of the most consequential changes to immigration law during the last three decades did not fall along our current political lines.

Cepeda noted President Ronald Reagan, who is often referred to as the father of modern conservatism, signed a sweeping immigration reform law in 1986. The law made immigrants who had entered the country before 1982 eligible for amnesty.

In the end, that law granted amnesty to nearly 3 million undocumented immigrants.

On the other hand, Cepeda cited how Clinton signed the 1996 Illegal Immigration Reform and Immigrant Responsibility Act that prevented undocumented immigrants who had overstayed their visas or crossed the border illegally from returning after an extended wait period.

"This should not be a political issue but, unfortunately, this is what it has become," he said. "And after four years of Donald Trump the rhetoric against immigration has been ratcheted up to a level we have never seen before."

However, Cepeda said, that might actually be helpful.

"I think the fact that Trump pushed these horrible policies may have caused some people to take a more humane look at this issue," he said.

Toledo said there may be some truth in that. He said he believes people want an immigration system that is fair, humane and keeps families together.

"There's a lot of fear out there in the country," he said. "Our foundation is based on immigrants but, unfortunately, there are people out there who spread fear and falsehoods that turn it into a political issue. But it should not be that way. It's going to be challenging, but I think if there was ever a time to start moving the needle forward it's now."