It is called the REGISTRY Section.

Section 249 is a “magical” short section: it grants Legal Permanent Residency (LPR status), or Green Cards, to anybody who entered the U.S. before January 1, 1972 – and it does not matter how they entered, with a visa or without a visa, whether they have close relatives in the U.S. or no relatives, whether they are employed or not – if they stayed continuously in the U.S. since before 1/1/1972. There are very few grounds to deny a Green Card to a non-citizen who meets the “entry” requirement.

           For obvious “timing” reasons, there are very few people left in the U.S. who entered more than 49-50 years ago and still don’t have legal status.

           Plan “B” was to upgrade the cut-off entry date from 1/1/1972 to 1/1/2010. Meaning: anybody who entered the U.S. more than 11 – 12 years ago – whatever way of entry – and never left, would be granted LPR status.

           The Parliamentarian refused, again, to approve this plan, claiming that the number of beneficiaries would be almost the same as in Plan “A”, and such huge change of policy does not belong in a Budget reconciliation.

           A common feature of Plan “A” and Plan “B” was that they put their beneficiaries on a “path to citizenship”: they get Green Cards and after five (5) years could apply to become American citizens. This is what the Republican party cannot accept, because they believe that all new immigrants, as soon as they can, will vote for the Democrats.

           I believe that this “path to citizenship” is not really necessary. I believe that what most non-citizens want is the ability to stay and work legally in the U.S. and travel back and forth with no fear. Becoming a U.S. citizen is not their first priority.

           Plan “C” should be the grant of employment and stay permits, renewable every few years. It should be justified to the Parliamentarian on the basis of the financial benefits it would bring to the U.S. Treasury from improved tax collections, fee payments and increased economic activity.

           Path to Citizenship? Later. By another law. Maybe in Mr. Biden’s second term as President.

           The DACA program was introduced by the Obama Administration in June 2012, in the form of Guidelines to Immigration Officers. It never had the power of law enacted by Congress or even the authority of properly published Regulation. It was not surprising that a Federal Judge in Texas declared it an illegal program.