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Legislative bills

Bipartisan Bill Aims to Protect Documented Dreamers

Strategic Insights

— 2 min read

A bipartisan group of lawmakers has introduced the America's CHILDREN Act, which seeks to protect children of long-term visa holders from being forced to self-deport after turning 21 years old. The bill, co-sponsored by Representatives Krishnamoorthi (D-IL), Ross (D-NC), Miller-Meeks (R-IA), Salazar (R-FL), Bera (D-CA), Ciscomani (R-AZ), and Senators Padilla (D-CA) and Paul (R-KY), aims to fix the "aging out" problem that affects over 250,000 children and young adults who have grown up in the United States as dependents of long-term nonimmigrant visa holders.

Key Takeaways:

  • The America's CHILDREN Act would allow individuals to obtain permanent residency if they were brought to the United States as dependent children of workers admitted under employment visas, have maintained status in the United States for 10 years (including eight years as dependents), and have graduated from an institution of higher education.
  • The bill would protect any child who has been in the United States for an aggregate of eight years before the age of 21 as a dependent of an employment-based nonimmigrant by allowing them to remain a dependent on their parent's nonimmigrant visa until they can find another status.
  • The legislation would establish age-out protections that lock in a child's age on the date on which their parents file for a green card.
  • The bill would provide work authorization for individuals qualifying for age-out protection.
  • The America's CHILDREN Act is endorsed by organizations including Improve the Dream, Americans For Prosperity, Niskanen Center, The Libre Initiative, National Immigration Forum, and Council on National Security and Immigration.

Statistics:

  • Over 250,000 children and young adults are living in the United States as dependents of long-term nonimmigrant visa holders, including H-1B, L-1, E-1, and E-2 workers.
  • These individuals grow up in the United States, attend American schools, and graduate from American universities, but are not eligible for protection under DACA or the work authorization that comes with it.
  • The "aging out" problem affects children who are brought to the United States as dependents of workers admitted under employment visas, who have maintained status in the United States for 10 years (including eight years as dependents), and who have graduated from an institution of higher education.

Sources:

  • "Congress Introduces Bipartisan Legislation to Protect Documented Dreamers." News Release, Office of Congressman Raja Krishnamoorthi. [www.krishnamoorthi.house.gov](http://www.krishnamoorthi.house.gov).
  • "America's CHILDREN Act." Full copy of the bill available here.

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