Within the first few weeks of his administration, President Biden has signed multiple executive orders that are generally in support of immigrants in the U.S. This is in stark contrast to the previous administration’s determination to close off America’s borders and make the immigration process increasingly difficult. President Biden’s numerous executive orders involve improving immigration policies and pathways, as well as reversing xenophobic plans such as the border wall and the “Muslim ban.”
When it comes to the steady stream of new executive orders and reversal of Trump’s immigration policies, Attorney Eric Price stays up to date with Biden immigration news. Attorney Eric Price has practiced immigration law under both the Bush and Obama administration, and is familiar with the value of continuously reviewing changes to immigration law. If you are curious about how President Biden’s new executive orders may affect your immigration process, reach out to Attorney Eric Price at info@abogadoericprice.com or 855-662-2772.
What is an Executive Order?
An executive order is a president’s capability to issue directives with the goal of managing and shaping federal actions and policies. In order to issue an executive order, the document must be signed, written, and published in the Federal Register. Executive orders are not legislation passed through congress, and congress cannot overturn an executive order.
Executive Orders So Far
President Biden has issued nine executive orders related to immigration so far. Some of these orders involve overturning former President Trump’s orders, such as overturning the Muslim Ban and overturning the border wall plan. Other orders involve preserving and fortifying programs such as DACA, and issuing a resolution to congress that they must enhance immigration policy to make it easier for immigrants to pursue citizenship.
Here is a list of some of the Biden immigration executive orders:
Reversal of Muslim Ban
During the Trump administration, two different executive orders were signed that banned travel for the purpose of work and immigration from predominantly Muslim and African countries. President signed an executive order that repealed Trump’s orders.
The countries that were previously banned from travel were:
- Iran
- Libya
- Somalia
- Syria
- Yemen
- Venezuela
- North Korea
- Myanmar
- Eritrea
- Kyrgyzstan
- Nigeria
- Sudan
- Tanzania
President Biden considered the previous ban discriminatory. Section two of the order states that visa applications and processing can resume. Section two also demands the Secretary of State to go through a visa review process and act expeditiously on visas that were delayed as a result of the previous ban.
Reinstate DACA
President Biden reinstated DACA which was suspended by former President Trump. DACA was created in 2012 in order to allow the children of immigrants who arrived in the U.S. illegally to defer deportation. It also allowed a pathway to residency and work visas.
The reinstatement allows for DACA recipients to apply for deferred deportation. It also allows them to apply for residency under certain circumstances. President Biden has called to “preserve and fortify” DACA, indicating that he supports maintaining the program and also creating additional pathways for citizenship.
In his executive order, President Biden has called upon congress to enhance DACA. Some of these enhancements include offering DACA recipients the opportunity to pursue citizenship after three years. He also supports offering other immigrants who have entered the U.S. illegally to have more opportunity to pursue citizenship.
Protections For TPS Holders
President Biden has proposed legislation to send to congress to protect Temporary Protected Status residents (TPS). According to the White House Press Secretary Jen Psaki, the protections for TPS holders are included in the U.S. Citizenship Act proposed to congress.
This proposal is different from an executive order; it has not yet become enforceable. The U.S. Citizenship Act must pass through both chambers of congress. The legislation will also provide a path to citizenship for TPS holders.
TPS status is generally provided to citizens from countries that are undergoing unique or dangerous circumstances. For example, if a person is a political refugee or is fleeing a national catastrophe, they may be granted TPS.
Pathway To Citizenship For Undocumented Immigrants
By restoring DACA, President Biden has created the opportunity for DACA recipients to continue applying for residency if they meet certain requirements. Although residency is not citizenship, it is one step closer to that goal.
Beginning in Section 3 of executive order 14012, President Biden outlines a plan in which the State Department will review the processes for pathways to citizenship. President Biden describes the importance of immigrants to the U.S., and states that the department will find agencies that are failing to properly allow immigrants to move through the process.
The order requires the State Department to report back to the president within 90 days and provide their findings. They will also report a plan to describe how they will move forward with increasing access to immigration pathways.
Ending Border Wall Funding
President Biden’s executive order regarding the wall at the southern border put a halt to its construction. The order also calls for an assessment of the funding mechanisms used regarding the initial construction.
The order also calls for an analysis of how to take the funds marked for the wall and reapply them elsewhere in government. This plan must be developed within 60 days of the order being issued.
President Biden referred to the initial wall project as unwarranted and “not a serious policy solution.”
Pause Put On Deportations
President Biden attempted to put a 100 day pause on deportations. However, on January 26th, a federal judge in Texas put a block to this pause. This is one of the first roadblocks created for the Biden administration’s immigration goals.
This block is temporary but it does still jeopardize many immigrants who are fighting legal battles to remain in the U.S.
Reversal On Exclusion Of Undocumented Immigrants From Census
During the Trump administration, an attempt was made to block the census from counting undocumented immigrants. This would have significantly affected the census in a number of states. The census is necessary for determining congressional seats and federal funding.
President Biden’s Executive Order 13986 requires that all inhabitants of a state be counted in the decennial census. The order stresses the importance of counting each person as it is crucial for representative democracy and determining how many congressional seats a state may have.
Task Force To Reunite Children Separated From Their Parents
President Biden’s Executive Order 14011 emphasizes his administration’s support of families who are trying to immigrate to the U.S. He refers to the family separation that happened under Trump’s administration as a “human tragedy.”
The purpose of the task force will be to reunite immigrant children who were separated from their families. This happened under the Trump administration when immigration laws were exploited specifically to separate families.
The task force will contain the Secretary of Homeland Security, the Secretary of State, Secretary of Health and Human Services, the Attorney General, and other members as the department chairs see fit.
Restoring Asylum
Immigrants who are fleeing political violence or national catastrophes can apply for citizenship upon arrival at the U.S. border. The asylum system was specifically designed for individuals who were unable to go through the process while in their original country due to violence or extreme situations.
Executive Order 14010 states that a revised system must be created to support the safe and orderly processing of asylum seekers at our borders. The order states that we do not need to sacrifice border safety in order to treat asylum seekers humanely.
In this order, the President requires members of his administration to form a report that explains the root causes for migration to the U.S. The report will also require an analysis on how to manage any influx of asylum seekers. There is also a provision in section three that requires expanding capability to identify and process eligible asylum seekers from certain countries.
Review Of Current Regulations & Policies
Generally speaking, the current regulations of the Biden administration resemble a strong focus on progressive immigration issues. This is listed as one of his administration’s priorities, along with COVID, climate change, and others.
There is a heavy focus on DACA and providing legal pathways toward citizenship. The pause on deportations also is going to be revisited as the block from the judge in Texas is temporary. Many of the anti-immigrant orders from the Trump administration have also been promptly overturned, signaling a strong show of support for immigration policy by the Biden administration.
President Biden immigration reform is also seeking to generally modernize the immigration system and create numerous and accessible pathways toward citizenship. This includes pathways for undocumented immigrants who are presently in the U.S. and arrived here illegaly.
What are the Next Steps?
If immigration law is affecting you or a loved one, it is important to regularly update yourself on the news coming out of the Biden administration. This administration faces an uphill battle in restoring and strengthening immigrant rights; as a result, there are continuously new changes each day. Sometimes those changes are positive, other times they can be negative.
Some of the orders and court rulings can be difficult to understand. If you are curious about how the changes may affect you, Attorney Eric Price stays up-to-date on the information. He is willing to help you out.
Contact Attorney Eric Price Today
Attorney Eric Price has worked with over a 1,000 families through constantly changing legal situations. He will make sure to stay apprised of any and all changes to our legal systems that may affect your immigration status. If you need help in this constantly changing legal system, you can contact Attorney Eric Price at info@abogadoericprice.com or 855-662-2772.
