ARRIVED AS ADULTS

In this section, we ask you whether you support or oppose each of the three options for those who arrived as adults. It’s structured similarly to the last section. Because the options to deport and to leave them here without status are more readily understood, we start by describing the relevant provisions of the Dignity Acta bipartisan bill currently under consideration which would provide a path to legal status. 

PROCESS FOR MAKING RESTITUTION AND EARNING LEGAL STATUS

For decades, Congress has considered legislation that would create a path by which the most deserving of the estimated 8 – 10 million undocumented immigrants who came here as adults could make restitution and earn legal status. The Dignity Act is the proposal to do this currently receiving the most serious bipartisan consideration in Congress.

The Dignity Act has additional provisions, but its “Dignity Program” focuses on undocumented immigrants who came here as adults. Those who have been here since 2021 can earn limited legal status through a two-step process:

1 Conditional Dignity Period

Those who qualify can obtain a conditional “Dignity Status” for seven years. It protects against deportation and provides full work and travel authorization. Beneficiaries are required to pay federal income taxes, as well as state and local taxes. They pay a 1% Immigration Infrastructure and Debt Reduction Levy on their income and a $7,000 restitution fee. The restitution fee is paid with $1,000 up front and $1,000 a year for the next six years. The levy and fee help fund ports of entry and security improvements at the border, humanitarian campuses for asylum seekers, and grants for retraining US citizens for high-demand jobs. Those in this status are required to maintain non-government, unsubsidized health insurance through an employer or a private insurer. Like all non-citizens, they are prohibited from voting. To obtain this limited status, applicants must provide biometric and biographic data. That information is used to check an extensive set of databases to ensure:

Standard Immigration Admissibility
They are admissible under the current laws, which includes verification that they don’t have any of the standard criminal violations that prohibit legal entry into the country, and:
No Security Risk
Prove no suspicion of involvement in terrorism, espionage, or belonging to a “totalitarian party.”
Are Self-Sufficient
Have sufficient means to take care of themselves and any dependent family without federal benefits.
No Additional Criminal Violations
Beyond the extensive set of criminal violations checked for in standard immigration admissibility, they cannot have any of the following:
Felonies
Significant Misdemeanors — Domestic violence, sexual abuse or exploitation, burglary, unlawful possession of a firearm, drug distribution or sales, DUI/DWI, or any misdemeanors for which individual was sentenced to more than 30 days in jail.
No New Violations During Seven-Year Period
Once accepted, they are enrolled in the FBI’s Rap Back Service, which provides real-time alerts to DHS of any new criminal charges. Any violation of the requirements results in immediate revocation of their legal status and the beginning of removal proceedings.
2 Dignity Status

Those who successfully complete the seven-year conditional period transition to a legal status that is renewable every seven years. To renew, they must remain in good legal standing, including not committing the prohibited crimes and maintaining unsubsidized private health insurance. They can live, work, and travel freely in the US, but they cannot apply for a Green Card or naturalize as a citizen. They cannot vote and cannot sponsor family or friends for Green Cards or citizenship.

We now turn to the competing arguments made for and against all three options for those who arrived as adults.

DEPORT
The Case For Removal and Against the Dignity Act and Leaving Them Here Without Status

Those most skeptical of immigration argue that all undocumented immigrants who arrived as adults should be deported rather than given a chance to earn legal status or left here without status. Earned legal status, they maintain, is still a form of amnesty. Restrictionists contend that it sets a dangerous precedent by indicating to prospective migrants that the US does not treat illegal immigration as a serious crime. They argue that legal presence is not a commodity that can be purchased for a $7,000 fee. Restrictionists maintain that many won’t even pay the fee because future administrations are likely to waive it. They further argue that the limited non-citizen status granted under the Dignity Act will be upgraded to a path to citizenship by a future Congress. In fact, they note that Representative Salazar, the sponsor of the Dignity Act, has publicly predicted as muchRestrictionists conclude that legal status is a profound privilege that should be reserved for those who respect the nation’s sovereignty and laws from day one. 

GRANT STATUS
The Case For the Dignity Act and Against Removal and Leaving Them Here Without Status

Those who support the Dignity Act and oppose removal or leaving the undocumented here without status argue that this legislation is the most practical and fair way to resolve the status of those who arrived as adults. They contend that it is not amnesty because it comes with restitution fees and consequences, provides no federal benefits, and offers no route to a Green Card or citizenship.

Dignity Act advocates argue that its rigorous provisions ensure that those who qualify have a clearly positive net effect on the economy, since it limits their ability to collect government benefits. Keeping these productive, law-abiding immigrants in the workforce, supporters emphasize, is critical to filling essential jobs where we already face chronic worker shortages, including childcare, healthcare, and agriculture. These shortages, they note, will become far more pronounced in the coming years given the unprecedented challenges of our aging population.

The case for the Dignity Act, supporters add, is far more than economic. Shared American moral principles, they argue, call for an opportunity for restitution for those who have lived here for decades productively without committing crimes, and for keeping families together.

Dignity Act supporters also argue that both alternatives are clearly worse. The nation’s recent experience with mass deportation, they contend, demonstrates that removing all undocumented immigrants requires methods incompatible with the American value of treating those who have lived and worked among us with dignity and respect. It is inhumane and immoral, they argue, to break up families by deporting those without status. Leaving them here in limbo without status, advocates add, is unfair and subjects them to the dangers that go with it.

LEAVE AS-IS
The Case For Leaving Them Here Without Status

Few make a strong affirmative argument for having those who arrived here as adults stay here without status. Instead, some simply observe that it is the only realistic option. Congress is unlikely, they suggest, to agree on whom to deport and whom to grant status. They also observe that deporting them all is impractical, costly, contrary to our nation’s values, and would remove millions of essential workers from core jobs in the economy without providing any plan to replace their contributions. 

REJECT ALL THREE
The Case Against Removal, the Dignity Act, and Leaving Them Here Without Status

Some immigrant supporters oppose all three options of removal, the Dignity Act, and leaving them here without status because they believe each does not treat those without status with as much respect as they deserve. They make the same arguments against removal that Dignity Act supporters make. However, they contend that the Dignity Act itself is too restrictive and punitive toward millions who have lived and worked among us productively without committing crimes. If we are going to keep them in our communities, benefit from their labor and contributions to our economy, and make them subject to our laws, these advocates say, it is unfair and beneath our values to bar them from even the most arduous path to citizenship. The US, they argue, should not have a permanent population of second-class residents who can never attain the rights and responsibilities of being an American. We should offer them a route to obtain a Green Card and ultimately citizenship, they conclude, rather than permanently barring them, and certainly rather than deporting them or leaving them in limbo.