Washington, July 28: President Donald Trump is tightening immigration laws in the United States. Meanwhile, a senior Democratic senator has renewed efforts to provide a pathway to permanent residency for millions of long-term residents, including H-1B visa holders.
California Senator Alex Padilla stated that his proposal aims to modernize an immigration rule that has not been updated since 1986. According to information released by his office, this could benefit over eight million individuals.
The renewed immigration regulations under the 1929 Immigration Act would allow immigrants to apply for legal permanent resident status, provided they have resided continuously in the U.S. for at least seven years prior to applying. Additionally, applicants must have no criminal record and meet all other existing requirements for green card eligibility.
This proposal would also cover Dreamers (immigrants brought to the U.S. as children), Temporary Protected Status (TPS) holders, essential service workers, and children of long-term visa holders.
It could also offer relief to highly skilled professionals, including H-1B visa holders, who have been waiting for years for employment-based green cards.
This proposal holds particular significance for Indian professionals, who make up a large portion of H-1B visa holders. Due to the country cap on employment-based green cards, they often face lengthy waiting periods for permanent residency.
Padilla remarked, “A year ago, I introduced this bill to oppose the harsh treatment of hardworking immigrants by the Trump administration.” He added, “Since then, President Trump’s campaign of fear and intimidation has escalated. Families who have built their lives in this country continue to live in uncertainty.”
He emphasized, “Congress can no longer ignore the millions of long-term residents who contribute to our economy and society every day. It is time to modernize our immigration laws and create a fair pathway to legal permanent residency.”
The bill seeks to amend Section 249 of the Immigration and Nationality Act, known as ‘Registry.’ This provision gives the Secretary of Homeland Security the authority to grant permanent residency (green cards) to certain individuals who have been in the U.S. since a specified date and meet other eligibility criteria.
Currently, the eligibility cutoff date is January 1, 1972. Padilla’s legislation proposes to replace this fixed date with a rolling requirement of seven years of continuous residence. This change would take effect 60 days after the law is enacted.
Senate Democratic Whip Dick Durbin is co-leading this initiative, with 14 other senators signing on as co-sponsors. California Representative Zoe Lofgren is leading a companion bill in the House.
The bill has garnered support from over 30 labor, immigration, and civil rights organizations, including major groups like the AFL-CIO, Service Employees International Union, Unite Here, United Farm Workers, and the National Immigration Law Center.
The U.S. Congress first implemented the ‘Registry’ provision in 1929, and it has been amended four times since, with the most recent amendment occurring during President Ronald Reagan’s administration in 1986.
According to Senator Padilla’s office, only 305 individuals were allowed to change their immigration status to permanent residency under this provision between 2015 and 2019.
Amid deep party divisions over immigration, the path for this proposal in Congress remains uncertain. Senator Padilla, ranking Democrat on the Senate Judiciary Immigration Subcommittee, has also introduced measures that include legal protections for children brought to the U.S. as dependents of essential immigrant workers and visa holders.
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