Break the Chain Act This bill makes various changes related to family-sponsored immigration, such as narrowing the definition of what constitutes an immediate relative and lowering the annual numerical cap on certain classes of family-sponsored visas. A non-U.S. national (alien under federal law) who is a parent of a U.S. citizen shall not qualify for a visa for immediate relatives, which is not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives. The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 87,934, and revises the methods for calculating the cap. Currently, the 480,000 cap may be adjusted depending on various factors but shall not be less than 226,000. A spouse or child of a sponsoring lawful permanent resident (also known as a green card holder) shall be subject to the family-sponsored visa cap. The bill revises the rules for determining whether a non-U.S. national is a child for the purposes of family-sponsored immigration, and establishes that an individual who is married or turns 25 years old prior to a visa becoming available for issuance shall not qualify as a child. The bill creates a nonimmigrant classification for non-U.S. national parents of adult U.S. citizens, which authorizes such parents for admission into the United States for an initial five-year period. Such parents shall not be authorized for employment or to receive any public benefits.
The bill's reduction of the visa cap aims to prioritize certain categories of family-sponsored immigrants while marginalizing others, especially parents of citizens under 21 years of age. The legislation proposes a revision of how 'children' are defined in immigration terms, further complicating the pathway to residency for dependents. The implications of this bill will likely shift the dynamics of family reunification policies, streamlining them for specific applicants while leaving many others ineligible.
House Bill 213, known as the 'Break the Chain Act', introduces significant changes to the Immigration and Nationality Act regarding family-sponsored immigration. The bill narrows the definition of 'immediate relatives' by excluding parents of U.S. citizens, impacting those who seek to join their children in the United States. The legislation also reduces the annual cap for family-sponsored visas from 480,000 to 87,934, creating substantial limitations on familial immigration.
Debate surrounding HB 213 highlights significant dissent regarding its restrictive provisions. Opponents argue that these changes infringe on family unity and disrupt the emotional and logistical aspects of immigrant lives. There is concern that such a rigid structure for family-based immigration could result in unfairly separating families and creates barriers for many who wish to legally immigrate based on familial ties. Conversely, proponents claim the changes will better manage immigration flows and reduce dependency on public services by restricting nonimmigrant status to those unlikely to seek employment or benefits.