Week One Changes to U.S. Immigration Policy Under President Biden
President Joe Biden made immigration reform a priority during his 2020 campaign, vowing to introduce sweeping actions to repair the system during his first 100 days in office. Among his commitments, Biden promises to end family separation at the southern border, reverse the public charge rule, reduce asylum and refugee restrictions, and create a roadmap to citizenship for undocumented immigrants. The President’s first 3 days in office included immediate steps to undo key Trump Administration initiatives, as well as bold immigration overhaul proposals.
WHAT’S ALREADY HAPPENED
On his first day in office, President Biden issued several executive orders, memorandums, and agency directives reversing some of former President Trump’s most controversial actions, including undoing the proposed expansion of immigration enforcement within the United States and ending the ban on travelers from several majority-Muslim countries. Biden also terminated the national emergency declared by Proclamation 9844, effectively halting construction of the southern border wall.
In a Presidential Memorandum titled, “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA),” the President reiterated his commitment to protecting the DACA program, although the memo does not make any immediate changes.
Acting DHS Secretary David Pekoske issued a memorandum pausing deportations of certain noncitizens for 100 days pending an investigation into immigration enforcement policies.
THE U.S. CITIZENSHIP ACT
The President’s most ambitious plan seeks to modernize the immigration system by clearing backlogs, shortening wait times, and increasing per-country visa caps, as well as introducing an earned path to citizenship for undocumented immigrants. Legislative efforts will be led by Representative Linda T. Sánchez (D-CA) and Senator Bob Menendez (D-NJ). Future posts will explore the details of the U.S. Citizenship Act, but here are some key takeaways:
The bill will create an 8-year roadmap to citizenship for undocumented individuals.
Family-based reforms will aim to keep families together by eliminating the “3 and 10-year bars” and allowing immigrants with approved family-based petitions to temporarily join family in the U.S. pending green card availability.
The bill will introduce the NO BAN Act prohibiting discrimination based on religion and limiting presidential authority to issue future bans while also increasing Diversity Visa availability from 55,000 to 80,000.
Additional funding will be provided for integration and inclusion programs, border security, family case management programs, and to reduce processing backlogs.
The bill introduces a $4 billion, 4-year inter-agency plan to address the root cause of migration from Central America by increasing assistance to El Salvador, Guatemala, and Honduras and establishing safe and legal channels for people to seek protection.