Virginia Lawmakers Work on Immigration Bills Before Election

 Posted on August 10, 2024 in Uncategorized

There is widespread uncertainty regarding immigration laws across the nation. In light of the upcoming presidential election, some Virginia lawmakers have proposed legislation that would support the state’s immigration population. Virginia is one of ten states where 70 percent of the new U.S. citizens from 2023 reside. 

These bills range from allowing undocumented minors to access state-funded healthcare to allowing certain immigrants to be eligible for careers in law enforcement. Work-based green cards and pathways to citizenship for DACA recipients and TPS holders are also on the table. Right now, these bills are facing an uphill battle in the state, but that could change in November.  

Any immigration issue you have can be addressed by Immigration Legal Advisors, PLLC, as our firm provides invaluable legal support in all types of immigration cases. As knowledgeable Herndon, VA immigration attorneys, we understand the many nuances of immigration law. We are committed to helping our clients achieve positive outcomes that will allow them to live successfully in America.

Temporary Protected Status Holders and DACA Recipients

There is a wide range of immigration laws that have the potential to change in the upcoming months. Many believe that changing the cap on green card types is the best place to start, in conjunction with pathways to citizenship for Temporary Protected Status (TPS) holders and DACA recipients. What would this look like?

TPS holders come to America from countries dealing with issues that endanger their citizens. A country experiencing ongoing armed conflict or serious environmental disasters is specifically designated for TPS visas. Right now, TPS is a temporary benefit that does not lead to lawful permanent resident status or provide any other immigration status, but this may change in the coming months or years. 

DACA, which stands for Deferred Action for Childhood Arrivals, has allowed immigrants to remain in the U.S. without guaranteeing them the opportunity to become citizens. "Dreamers" are undocumented immigrants who came to the U.S. as children and fall under the 2012 DACA policy. There are an estimated 3.6 million Dreamers in the U.S., but only about 530,00 are currently protected under DACA.  

The creation of the DACA program might be the last time Congress successfully worked on America’s immigration issues, and many problems remain. Like TPS, DACA does not provide lawful status or a pathway to permanent status. Since DACA was created via executive action, it can also be revoked by executive action.  

Can Virginia Immigrant Agricultural Workers Get Citizenship? 

Virginia currently has thousands of migrant farmers and migrant farm workers. An economic impact of $70 billion annually makes agricultural business the state’s largest private industry. Many of the more than 300,000 people employed by Virginia farms are immigrant farmworkers. Some are in the state legally with worker visas, while others live and work in the shadows. Across the United States, the Department of Agriculture estimates that immigrant farm workers make up almost three-quarters of all agriculture workers. During the pandemic, more than 10,000 migrant farmers came to Virginia to plant and harvest crops.

H-2A visas are for seasonal or temporary workers in an agricultural setting and usually do not extend beyond a year. While there is no cap on the number of H-2A visas issued, workers are only granted a temporary labor certification and must have a job offer from a U.S. employer to qualify. The employer must file an application with the U.S. Department of Labor to demonstrate there are no American workers who are able, willing, qualified, and available to do the work. Unfortunately, an H-2A visa ties a worker to a single employer while providing no path to citizenship.

Contact an Experienced Fairfax County, VA Immigration Lawyer  

As we wait to see how politics will affect the future of immigrants in the United States and Virginia, those who need assistance with an immigration issue should speak to a Herndon, VA immigration attorney. When you choose Immigration Legal Advisors, PLLC, you will benefit from a supportive, full-service law firm with more than two decades of immigration experience. We speak both English and Spanish and are dedicated to ensuring the best outcome possible for our clients. Contact Immigration Legal Advisors, PLLC at 571-441-2233 to schedule a free consultation to discuss your immigration needs.