Immigration policy of the Joe Biden administration

Joe Biden's immigration policy is primarily based on reversing many of the immigration policies of the previous Trump administration. During his first day in office, Biden reversed many of Trump's policies on immigration, such as halting the construction of the Mexican border wall, ending Trump's travel ban restricting travel from 14 countries, and an executive order to reaffirm protections for DACA recipients.[1][2][3] The Biden administration and Department of Homeland Security, under leadership of Alejandro Mayorkas, dramatically reined in deportation practices of Immigration and Customs Enforcement (ICE), prioritizing national security and violent crime concerns over petty and nonviolent offenses.[4] However, Biden has also faced criticism for extending Title 42, a Trump administration border restriction that arose due to the COVID-19 pandemic, as well as restarting the use of expediting families in Central America, which can cause families to be sent back in weeks, compared to years for an average immigration case.[5]

Background

Immigration to the United States is the international movement of non-U.S. nationals in order to reside permanently in the country. Immigration has been a major source of population growth and cultural change throughout much of U.S. history.

In absolute numbers, the United States has a larger immigrant population than any other country, with 47 million immigrants as of 2015. This represents 19.1% of the 244 million international migrants worldwide and 14.4% of the U.S. population. Some other countries have larger proportions of immigrants, such as Switzerland with 24.9% and Canada with 21.9%.

Immigration policy

Revocation of prior administration policies

Presidential Proclamation 10141 – Ending Discriminatory Bans on Entry to the United States

On January 20, 2021, soon after his inauguration, Biden halted the construction of Trump's Mexican border wall,[2] ending the national emergency declared by the Trump administration in February 2019.[3]

Biden also ended the Trump travel ban, a series of three executive orders imposed by Donald Trump on 14 countries, most of them Muslim, in January 2017.[2][3]

DACA

Biden also reaffirmed protections to DACA recipients and urged Congress to enact permanent protections for the 700,000 undocumented immigrants benefited by the policy.[1]

DED

The same day, Biden sent a memorandum to the Department of State reinstating Deferred Enforced Departure (DED) for Liberians, deferring the deportation of any "person without nationality who last habitually resided in Liberia, who is present in the United States and who was under a grant of DED as of January 10, 2021" until June 30, 2022.[6][7]

Deportations

The administration also issued a pause on deportations from the Department of Homeland Security for the first 100 days of Biden's presidency.[8]

On January 22, 2021, Texas Attorney General Ken Paxton sued the Biden administration on the grounds of violating Biden's written pledge to cooperatively work with the State of Texas.[9]

On January 26, 2021, federal judge Drew B. Tipton blocked the Biden administration's 100-day deportation memorandum, citing that the state of Texas would indeed "suffer imminent and irreparable harm" and the restraining order requested by Paxton would not harm the administration nor the public.[10]

In January 2022 the Biden administration deported Venezuelan migrants to Colombia without a chance to seek asylum after entering the United States from Mexico. The U.S. Department of Homeland Security declare it would deport Venezuelans to Colombia “on a regular basis", limited to migrants that resided in Colombia previously.[11]

Mexico

The same day, Biden called Mexican President Andrés Manuel López Obrador to speak about immigration, where Biden spoke of reducing immigration from Mexico to the United States by targeting the root causes,[12] including $4 billion to aid development in El Salvador, Guatemala, and Honduras.[13]

The U.S. Border Patrol made more than 1.7 million arrests of migrants crossing the U.S.-Mexico border illegally in fiscal year 2021, the highest number ever recorded.[14][15]

US Citizenship Act of 2021

On January 21, 2021, Biden proposed a bill that, if passed, would replace the word "alien" with "noncitizen" in United States immigration law.[16][17]

On January 23, 2021, Biden introduced an immigration bill to Congress.[18] As introduced, the bill would give a path to citizenship to 11 million undocumented immigrants currently living in the United States. The bill will also make it easier for foreign workers to stay in the U.S. It is likely the bill will be significantly more modest as it goes through Congress.[2][19][20]

Refugee admissions

On February 4, 2021, Biden signed an executive order aimed at rescinding some of Trump's immigration policies.[21] It also called for a review to determine whether Afghan and Iraqi applicants for the Special Immigrant Visa were unduly delayed. The order also called for a report on the effect of man-made Climate change on environmental immigration to the United States. It reversed a 2019 executive order restricting federal funding for the resettlement of refugees unless state and local governments to consent to it. However, a federal judge already struck down the order in January 2020.

Biden said that he planned to raise the annual refugee admissions to 125,000 in fiscal year 2022,[21] but on April 16, 2021, he signed an executive order maintaining the historically low cap on refugees set by the Trump administration (15,000 per year).[22] Facing criticism over the decision, the administration backtracked and announced plans to increase the refugee cap by May 15.[23] As of April 2021, Biden was on track to accept the fewest refugees of any modern president, resettling only 2,050 refugees at the halfway point of fiscal year 2021.[24]

ICE

On February 7, 2021, Biden began the implementation of new guidelines for Immigration and Customs Enforcement agents, forbidding or restricting them from seeking out deportations on the basis of "drug based crimes (less serious offenses), simple assault, DUI, money laundering, property crimes, fraud, tax crimes, solicitation, or charges without convictions," as stated by Tae Johnson, the acting director of ICE, instead prioritizing "violent behavior, well-documented gang affiliations," and a record of child abuse, murder, rape, and major drug infractions.[4] Deportations merely on the basis of at least 10-year old felonies or "loose" gang affiliations would also be prevented. The guidelines also required permission from the director of ICE for agents to arrest suspects outside of jails and prisons. As of February 7, the guidelines are awaiting confirmation from Secretary of Homeland Security Alejandro Mayorkas.

On February 27, 2021, the Biden administration moved to expand the government's capacity to house migrant children as it attempts to respond to an increase in border crossings of unaccompanied minors, notably by its re-opening of a temporary influx holding facility in Carrizo Springs, Texas.[25]

In January 2022, ICE reached a settlement in a class-action suit in Bakersfield, CA with advocates for health safety measures in the ICE detentions and agreed to pay $4 million in plaintiff's attorney costs.[26]

US CBP

The Biden administration issued an executive order restoring an Obama-era policy repealed by Trump that grants asylum to apprehended migrants fleeing domestic or gang violence, allowing them to stay in the United States while their case is being reviewed.[27]

Reception

In response to the series of executive orders signed on February 4, 2021, intended to rescind former President Donald Trump's policies regarding refugees and resettlement, Republican Senator Tom Cotton of Arkansas argued that Biden's relaxed immigration policy would "put American jobs and safety at risk during a pandemic."[21] Cotton also argued in a Fox & Friends interview that "A lot of these migrants that are coming, we have no way to screen their backgrounds for either health or for security" in response to the Biden administration, a claim debunked by PolitiFact.[28]

Advocacy groups

President of the Lutheran Immigration and Refugee Service Krish O'Mara Vignarajah commended Biden's eight-fold increase of the refugee cap, stating that it would save the lives of "hundreds of thousands fleeing violence and persecution."[21]

As many as 160 criminal justice and immigration advocacy groups, however, wrote and signed a letter arguing Biden simply reversing Trump's immigration policies would not be enough to achieve comprehensive immigration reform and racial justice, citing equally harmful immigration policies enacted during the Bush and Obama administrations such as Operation Streamline.[29] Jacinta Gonzalez, representing Mijente, criticized Biden's initial immigration policy, arguing that "[Biden] said he would phase out private prisons but didn't end contracts with private detention centers where most immigrants are being locked up," in reference to Biden's termination of federal contracts with private prisons. Activists also referenced the Biden-Sanders Unity Task Forces, a group intended to bridge the divide between the moderate and progressive wings of the party, and whose recommendations included the end of "mass prosecutions of individuals who cross the border without regards to the facts and circumstances of their cases, through practices like Operation Streamline, that deny individuals their right to a fair hearing and due process," as well as the decriminalization of illegal immigration and prioritization of services to provide economic and humanitarian aid to undocumented immigrants. The groups also stated that several of the Trump administration's policies, most notably the family separation policy, had yet to be reversed by the president despite it being within his power.

Immigration agencies

In response to Biden's order on February 7, 2021, an anonymous ICE official chafed that the Biden administration had "abolished ICE without abolishing ICE [...] The pendulum swing is so extreme. It literally feels like we've gone from the ability to fully enforce our immigration laws to now being told to enforce nothing."[4] Other ICE officials and agents argued that said changes were more dramatic than even Biden promised during his campaign. On the other hand, former acting director of ICE under the Obama administration, John Sandweg, commended the actions, criticizing the Trump administration's policies as authoritarian and distracting from violent criminals, and drawing the comparison that "No one judges the FBI by the number of arrests they make. They judge them by the quality of arrests."[4]

Polling

A Morning Consult poll released in March 2021 found that 49% of American voters disapproved of Joe Biden's immigration policy with only 40% approving. Overall, 70% of Democrats and 11% of Republicans approve of Joe Biden's immigration policies.[30] Another poll by The Associated Press-NORC Center for Public Affairs Research released in April 2021 found that only 42% of Americans approved of Joe Biden's immigration policies with 74% of Democrats and 10% of Republicans approving. In addition, 74% of African Americans, 50% of Hispanics, and 34% of white Americans approve of Biden's immigration policy.[31]

Other critics

A former Obama and Biden White House employee who worked on the National Security Council, has faulted Biden's immigration policy.[32]

References

  1. Narea, Nicole (20 January 2021). "Biden is already rolling back Trump's immigration legacy". Vox. Retrieved 20 January 2021.{{cite news}}: CS1 maint: url-status (link)
  2. Bradner, Eric; Klein, Betsy (January 20, 2021). "Biden targets Trump's legacy with first-day executive actions". CNN. Retrieved January 20, 2021.{{cite news}}: CS1 maint: url-status (link)
  3. "Biden's first act: Orders on pandemic, climate, immigration". Associated Press. January 20, 2021. Retrieved January 20, 2021.{{cite news}}: CS1 maint: url-status (link)
  4. Miroff, Nick; Sacchetti, Maria (February 7, 2021). "New Biden rules for ICE point to fewer arrests and deportations, and a more restrained agency that allows for a higher influx of migrants from Latin America". The Washington Post. MSN. Retrieved February 7, 2021.{{cite news}}: CS1 maint: url-status (link)
  5. Narea, Nicole (2021-08-04). "Biden's immigration policy isn't Trump's — but it's still a disappointment". Vox. Retrieved 2021-09-02.
  6. "Reinstating Deferred Enforced Departure for Liberians". The White House. January 20, 2021. Retrieved January 21, 2021.{{cite web}}: CS1 maint: url-status (link)
  7. Axelrod, Tal (January 21, 2021). "These are the executive orders Biden has signed so far". The Hill. Retrieved January 21, 2021.{{cite news}}: CS1 maint: url-status (link)
  8. Priscilla, Alvarez (20 January 2021). "DHS pauses some deportations for 100 days". CNN. Retrieved 25 January 2021.{{cite news}}: CS1 maint: url-status (link)
  9. Priscilla, Alvarez (January 22, 2021). "Texas attorney general sues Biden administration over deportation pause". CNN. Retrieved 25 January 2021.
  10. Jones, Dustin (January 26, 2021). "Federal Judge Blocks Biden's 100-Day Deportation Moratorium". NPR. Retrieved January 28, 2021.{{cite web}}: CS1 maint: url-status (link)
  11. "U.S. expels Venezuelan migrants to Colombia under COVID powers". BorderReport. 2022-02-02. Retrieved 2022-02-11.
  12. "Readout of President Joe Biden Call with President Andrés Manuel López Obrador of Mexico". The White House. January 23, 2021. Retrieved January 23, 2021.{{cite web}}: CS1 maint: url-status (link)
  13. Stevenson, Mark; Gillies, Rob; Madhani, Aamer (January 23, 2021). "Mexican leader says Biden offers $4B for Central America". ABC News. Retrieved February 5, 2021.{{cite web}}: CS1 maint: url-status (link)
  14. "Record high migrant detentions at US-Mexico border". BBC News. October 23, 2021.
  15. "Situation at the southern border worse that you probably realize". The Hill. November 15, 2021.
  16. Shoichet, Catherine E. "Biden wants to remove this controversial word from US laws". CNN. Retrieved January 21, 2021.
  17. "ALIENS AND NATIONALITY". Article IMMIGRATION AND NATIONALITY, act No. 8 USC 1101 of June 30, 1965.
  18. Hackman, Michelle; Siobhan, Hughes (January 23, 2021). "Biden's Immigration Package Faces Steep Odds on Capitol Hill". Wall Street Journal. Retrieved January 23, 2021.{{cite news}}: CS1 maint: url-status (link)
  19. Fram, Alan (January 23, 2021). "Democrats start reining in expectations for immigration bill". Associated Press. Retrieved January 24, 2021.{{cite news}}: CS1 maint: url-status (link)
  20. Spagat, Elliot (January 23, 2021). "Biden bets big on immigration changes in opening move". Associated Press. Retrieved January 24, 2021.{{cite news}}: CS1 maint: url-status (link)
  21. Hesson, Ted; Holland, Steve (February 5, 2021). "Biden set to accept more refugees after years of Trump restrictions". Reuters. Retrieved February 5, 2021.{{cite news}}: CS1 maint: url-status (link)
  22. "Biden keeps U.S. refugee cap at Trump-era 15,000". Reuters. 16 April 2021. Retrieved 16 April 2021.
  23. "White House backtracks on refugees decision after criticism and says Biden will announce increased cap by May 15". CNN. Retrieved 17 April 2021.
  24. Wang, Amy (Apr 11, 2021). "Biden set to accept fewest refugees of any modern president, including Trump, report says". Washington Post. Retrieved Apr 11, 2021.{{cite news}}: CS1 maint: url-status (link)
  25. "Biden administration scrambles to expand housing space for migrant children amid sharp increase in border apprehensions". www.cbsnews.com. Retrieved 2021-03-01.
  26. Jason Kotowski. KGET Bakersfield reporter. (27 January 2022). "Settlement compels ICE to preserve COVID safety measures, limits ability to re-detain immigrants at Mesa Verde, Yuba facilities". MSN website Retrieved 29 January 2022.
  27. Rappaport, Nolan (10 February 2021). "https://thehill.com/opinion/immigration/538313-catch-and-release-is-back-with-added-problems". thehill.com. The Hill. Retrieved March 25, 2021. {{cite web}}: External link in |title= (help)
  28. Valverde, Miriam (February 3, 2021). "Tom Cotton wrong that there's "no way" to screen immigrants". PolitiFact. Retrieved February 5, 2021.{{cite web}}: CS1 maint: url-status (link)
  29. Carrasquillo, Adrian (February 4, 2021). "Exclusive: Advocacy Groups Say Biden's 'Disappointing' Immigration Policies Don't Go Far Enough". Newsweek. MSN. Retrieved February 5, 2021.{{cite news}}: CS1 maint: url-status (link)
  30. eyokley (2021-03-31). "Voter Sentiment About Biden's Immigration Handling Drops Underwater". Morning Consult. Retrieved 2021-04-25.
  31. "AP-NORC poll: Border woes dent Biden approval on immigration". AP NEWS. 20 April 2021. Retrieved 2021-04-25.
  32. Jonathan Blitzer. (28 January 2022). "The Disillusionment of a Young Biden Official". New Yorker website Retrieved 29 January 2022.
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