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THE DIGNITY ACT OF 2023
The Dignity Act 2023 is a comprehensive 12-year, two-part path established for individuals seeking legal status. Its primary focus is to address the issue of illegal immigration in the United States while also providing a solution for undocumented immigrants already residing in the country and to stimulate economic growth. One of the key aspects of the Dignity Act is its attention to the slow processing of Visa applications. By addressing the existing backlogs, the act seeks to streamline and expedite the Visa application process. It proposes a maximum waiting period of 10 years for individuals seeking legal Visas, whether they are sponsored by family-based or employment-based programs. This approach ensures that those waiting for a legal Visa are given priority and timely consideration.
The Dignity Program
The Dignity Program is an integral part of the Dignity Act 2023, this would be established for a period of seven years and would grant work authorization and protection from deportation proceedings to undocumented immigrants who have lived in the United States for more than five years. The program has the potential to impact as many as 11 million people. Moreover, there is a secondary program known as the Redemption Program, which becomes available to Dignity recipients after the initial seven-year period. This program grants residency and travel authorization, lasting for an additional five years and would provide participants with a pathway to permanent legal status, requiring additional payment or community service hours.
To qualify for Dignity Status under the Dignity Act 2023, applicants must meet a number of requirements set forth in the legislation itself:
Applicants must have lived in the United States for a period of time of more than five years and complied with all U.S. laws and regulations during their stay in the United States.
A comprehensive background check will be required to assess the suitability of applicants.
Applicants must pay the back taxes corresponding to the periods in which they did not comply with their tax obligations.
Applicants will be required to begin paying income taxes on a regular basis.
Pay an initial fine, the amount of which is not specified in the legislative text.
During the course of the Dignity Program, participants will be required to make “restitution” payments.
Border Security
The Dignity Act addresses the concern of border security, with the bill proposing the reinforcement of border infrastructure and security, attempting to allocate more funding towards the U.S. Custom and Border Patrol personnel and infrastructure. The bill requires the Department of Homeland Security (DHS) to deploy physical barriers, tactical infrastructure, technology, and personnel along the border where it is most effective. Specifically, it authorizes at least $35 billion in funding to enhance and improve infrastructure and technology between and at ports of entry.
Asylum Reform
The bill would reform the U.S. asylum system to adjudicate most asylum claims made at the border via an asylum officer within 60 days and prevent the release of most individuals from custody while they wait for a final determination on their claim. The bill outlines the establishment of five humanitarian campuses (HC's) along the southern border, which would be managed by CBP. For those referred to an immigration judge, the bill would create a system by which asylum seekers would receive a notice to appear, be released from the humanitarian campus, take part in a case management program, and be monitored via a GPS tracker and weekly check-ins. The bill also includes provisions related to visa security, transnational criminal organizations, employment verification, and economic development in Central America.
American Dream
Under the Dignity Act, individuals who are recipients of Deferred Action for Childhood Arrivals (DACA), commonly known as Dreamers, would have the opportunity to qualify for conditional permanent resident status by meeting specific criteria. DACA recipients who meet these requirements would become eligible for a "conditional permanent resident" status, which would be valid for a period of up to 10 years. This status would safeguard them from deportation, provide them with the ability to work legally within the United States, and grant them permission to travel outside the country. Additionally, individuals with Temporary Protected Status (TPS) would also have the opportunity to apply for Lawful Permanent Resident (LPR) status under the Dignity Act.
Improving season guest worker opportunities
Under the H-2B Cap Relief provision, a "returning worker" is defined as any individual who entered the United States on an H-2B visa for seasonal guest workers in any of the previous three fiscal years. The bill authorizes the Department of Labor (DOL) to investigate and take action as required to ensure compliance of the H-2b program, to establish a complaint process, and to impose remedies including temporary or permanent disqualification from the program for multiple violations. The bill requires H-2B employers to develop and maintain worksite safety and compliance plans. It also prohibits employers or recruiters from receiving fees for the recruitment of H-2B employees.
American Cultural dominance act
The bill would create a new uncapped temporary worker visa program for current unauthorized farmworkers called Certified Agricultural Worker (CAW) status, this visas would be renewable and five-and-a-half years in length. CAW visa would be available for unauthorized immigrants who have spent at least 180 days of the last two years in agricultural employment. For unauthorized farmworkers who have not worked enough days to qualify, additional H-2A visas would be made available for those who have worked for a lower threshold of at least 100 days over the last three years. After successfully maintaining either eight years of CAW status or four years of CAW status plus ten years of previous agricultural work experience, unauthorized farmworkers would be able to apply for lawful permanent resident (LPR) status.
American Prosperity and competitiveness
The Dignity Act 2023 introduces significant updates to the U.S. legal immigration system, with the primary goals of safeguarding family unity, reducing visa application backlogs to a maximum of 10 years, and enhancing employment-based opportunities for immigrants. The bill would change F student visas, reserved for international students, to be dual intent visas.
Additionally, the Dignity Act would create a presumption of eligibility for an O visa, which is granted to individuals with extraordinary abilities, for students who have obtained a doctoral degree in a STEM-related or medical field.
We provide individuals, families, and employers with the legal representation they need to navigate the process of a complex Immigration. For more information on how we can assist you, please visit our website at www.elizeelawfirm.com or email us at intro@elizeelawfirm.com.
Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846