Explaining the DIGNIDAD Act: Proactive Solutions

July 28, 2023

By being proactive, the DIGNIDAD Act not only addresses current problems, but it helps with everything from workforce training and integration into American society to aiding undocumented immigrants and even ensures that the bill can have much of its costs covered in a fiscally sound manner that does not impact U.S. taxpayers.

“I think this is the most positive, bipartisan, comprehensive – genuinely comprehensive – approach that we’ve seen in several years.It lays out a roadmap that is very constructive and negotiable,” said a former high-ranking Obama administration official.

Helping those already here

One of the most frustrating areas of stalemate in Congress has been the lack of process in codifying the status of those who participate in the Deferred Action for Childhood Arrivals program. These ‘Dreamers,’ as they are known, were illegally brought to the U.S. as children and many have only ever known this country. To send them back would be inhumane and would deprive the country of great talent.

H.R. 6637 would protect all Dreamers, as well as those holding Temporary Protected Status. These immigrants are currently protected merely by executive authority and, as the volatile nature of the previous administration demonstrated, cannot always depend on the executive to see things through a common-sense, rational light. While the courts have so far protected those benefiting from these programs (to an extent), codifying them would protect these immigrants from being unduly harmed through a possible revocation of executive authority, through either the executive or the courts.

Moreover, for undocumented immigrants not covered under these programs, a chance for them to legally remain in the U.S. would still be offered. Through the Dignity Program, undocumented immigrants living in the U.S. for over five years would be able to stay and potentially even become citizens. Over the course of a seven-year program, participants would be required to follow all state and federal laws, pay taxes and debts and $5,000 in restitution to the federal government. They would also be mandated to check in with the Department of Homeland Security every other year, without access to federal benefits or entitlements.

After successful completion of the Dignity Program, participants would be able to receive Dignity Status, in which they could legally remain in the U.S. for five years, with work and travel authorization, but still no access to federal entitlements. This status could be renewed indefinitely, as long as the individual remains in good legal standing.

An alternative option, the Redemption Program, would see Dignity Program participants learn English and take civics courses, as well as contribute their choice of community service or $5,000 in further restitution. Once completed, Redemption Program participants would be able to become legal permanent residents and could eventually apply for citizenship, in the same process as everyone else.

Those restitution payments will be directed towards an American Worker Fund, where job training and other activities can take place, boosting the economy and ensuring that money made in the U.S. stays here and, in fact, grows.

“The Dignity Program and the Redemption Program are both very important steps. In this way, you address the situations of 9 million people already in the country and provide them with viable options to pursue in daylight rather than compelling them to exist in limbo and in the dark,” said the former official.

These programs and protections are all great ideas and would ensure that the U.S. retains those with valuable ties to our communities while they deepen those ties and continue their invaluable contributions. Increased positions at the Labor Department’s Office of Foreign Labor Certification would help to deal with these changes.

Upgrading what works

Currently, many immigrants are in the country on an H-2A Temporary Agricultural Worker visa. As states which have all but banned immigrant farmworkers have found out, these people are incredibly important to the agricultural sector and the nation needs more of them. These jobs will never be fully filled by American citizens. 

Under H.R. 6637, the H-2A visa would become year-round rather than seasonal and the application process would be moved onto a single platform, making it easier for employers to get the help they need.

Undocumented immigrants working in this sector for a significant period of time would be able to apply to become legal permanent residents after eight years of participation in the newly created Certified Agricultural Workers program, with visas lasting for five and a half years.

Additional technical changes would rework wage formulas and help other groups, including shepherds, beekeepers and H-2B participants, who perform work outside of the agricultural sector.

Highly specialized individuals with American PhDs would also benefit with, for example, the expansion of the O ‘genius’ visa. This would keep American-grown talent in the U.S. and would provide a significant boost to the economy, especially in fields where more specialists are needed.

The U.S. has long been successful only because of the contributions of immigrants. By continuing to recognize this heritage, the DIGNIDAD Act will ensure that the U.S. remains a magnet for all talented individuals, whether their jobs involve computer engineering or ensuring food gets on the country’s kitchen tables.

Fiscally sound

To top it all off, H.R. 6637 is supposed to be fully paid for. While the full finances cannot be known for certain unless the bill is passed and signed into law, a 1.5% Immigration Infrastructure levy deducted from the earnings of those with work authorization in the U.S. under the Dignity Program would be deposited into the Immigration Infrastructure Program to pay for this comprehensive immigration bill.

Fiscal responsibility is a critical principle of American government. The federal government should, ideally, pay for as much of its spending as it reasonably can without accruing more debt. By attempting to make sure that taxpayers do not pay for this bill, popular support will undoubtedly increase.

There is no Congressional Budget Office score on this bill yet, so cost estimates vary wildly and those estimates are highly speculative.

H.R. 6637 will die

However, while H.R. 6637, appears to be a sensible one which could address the deficiencies of the immigration system, it will likely die when the 118th Congress adjourns on Jan. 3, 2025. Immigration is not an issue that wins votes as much as it loses them, and with various other issues for Congress to deal with, this bill is not going to pass. At best, certain provisions of the bill may be amended onto other bills, such as the appropriations bills making their way through the House.

Moreover, this bill has been introduced into a Congress in which Speaker Kevin McCarthy of California has been outmaneuvered by his rightmost flank. They are the representatives with the real power and would almost certainly oppose this bill, given their propensity for dealing in absolutes rather than advantageous compromises. The enormity of H.R. 6637 poses immutable challenges – exemplified by its assignment to 13 full House committees as a result of its scope.

“Whether Speaker McCarthy will take this on, I think, remains the larger question. Yes, it’s a very positive blueprint. But I don’t think that it has much chance in the current political environment and would urge the sponsors to proceed incrementally with those elements of it, such as those dealing with the Dreamers, revision of H-2B visas, being friendlier to highly-skilled workers, and other elements that could attract Republican support,” said the former Obama administration official.

Still, the very existence of this conversation about the DIGNIDAD Act means that the populace is paying attention to it. With a heavy degree of felicity, however, the voters will next year elect more individuals who are serious about the immigration crisis rather than using it as a cudgel against Democrats. 

A sign denotes the location of a U.S. Citizenship and Immigration Services office. Charles Horowitz for Policy Reform Now

By Charles Horowitz

Response to “Explaining the DIGNIDAD Act: Proactive Solutions”

  1. Explaining the DIGNIDAD Act: Crisis Management – Policy Reform Now

    […] The DIGNIDAD Act goes beyond addressing pressing crises, and makes proactive steps to reform the immigration system so it works better for all, whether they are an immigrant or a natural-born U.S. citizen. You can learn more about that in the follow up to this article, here. […]

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