Please ensure Javascript is enabled for purposes of website accessibility
Some Big, Early Shifts on Immigration Expected Under Biden
gvw_ap_news
By Associated Press
Published 4 years ago on
November 10, 2020

Share

WASHINGTON — Some dramatic moves on immigration are expected in the early days of the Biden administration. Joe Biden will likely use executive orders to reverse some of President Donald Trump’s most controversial actions, rolling back moves that were a central feature of his administration and important to his base.

The Biden administration plans to restore protection for people brought to the U.S. illegally as minors and stop using Pentagon funds to build a border wall. Biden unveiled a detailed, highly ambitious plan on immigration but it will take time to undo many actions taken by Trump. The incoming president will also likely face a divided Congress, making it difficult to enact any kind of sweeping, comprehensive changes to the nation’s immigration system. Here’s a look at what to expect:

A Change of Tone

Restricting immigration was a signature issue for Trump, who infamously called Mexicans rapists as he pledged to build border wall in launching his campaign. His administration banned travelers from some predominantly Muslim countries as one of its first acts, took many steps to limit legal immigration and cut the number of refugees allowed in the country by 80%.

Biden has said “immigration is central to who we are as a nation,” noting that most Americans can trace their ancestry to immigrants, but it isn’t a core issue. It’s not even mentioned on his transition website’s top priorities: COVID-19, economic recovery, racial justice and climate change.

Biden named Cecilia Munoz, President Barack Obama’s top immigration adviser, to his transition team, which some interpreted as signaling a more moderate tack.

Big, Early Moves

Biden has said he will move quickly to undo some of Trump’s signature immigration initiatives. The border wall? The roughly 400 miles built so far won’t come down but the new administration won’t keep building it, or taking money from the Pentagon to fund it over the objections of Congress.

The incoming administration plans to reinstate the Deferred Action for Childhood Arrivals program, which currently shields from deportation about 650,000 people who came to the country when they were young. He plans to overturn the travel ban on people visiting the United States from 13 countries, many of them Muslim-majority.

One of Trump’s first moves in office was to tell immigration officials that everyone in the country illegally was subject to deportation. Biden is expected to return to criteria similar to what Obama adopted toward the end of his tenure, largely limiting deportations to people with serious criminal records in the United States.

Biden said he wants the government to help find parents of hundreds of children who were separated from their parents at the border early in the Trump administration.

Biden wants to get rid of policies that have been “detrimental” to seeking asylum — such as the policy to make asylum-seekers wait in Mexico for hearings in U.S. immigration court — but he is expected to move cautiously to avoid triggering more arrivals.

Rep. Veronica Escobar, a Texas Democrat who was a Biden appointee to the joint immigration task force with Bernie Sanders, said a resolution will require coordination with Mexico.

“This is a moment that’s going to require true leadership,” she said.

President-elect Joe Biden arrives at The Queen theater, Tuesday, Nov. 10, 2020, in Wilmington, Del. (AP Photo/Carolyn Kaster)

Why Some Changes Will Take Time

Nearly every major policy change under Trump is in court and may take effort to disentangle, including considerations of protecting executive power. Other reversals would be subject to formal rule-making procedures that require time.

Stephen Yale-Loehr, a professor of immigration law practice at Cornell Law School, thinks Biden will move cautiously on asylum to avoid setting off a new wave of arrivals and says other changes will face “procedural and practical problems.”

Take the “public charge” rule, which disqualifies more people from green cards if they rely on government benefits. Biden wants it reversed but would need to go through the extensive, rule-making exercise. A federal appeals court sided with Trump on ending humanitarian protections that have allowed hundreds of thousands of people from El Salvador, Nicaragua, Haiti and Sudan to remain in the United States. Biden says only that he would order an “immediate review” of “Temporary Protected Status.”

Yale-Loehr, a strong critic of Trump’s policies, says it is “going to take four years to undo all the damage that the Trump administration has done” while Biden attends to the pandemic and other issues.

What Could Stay the Same

At least initially, Biden may keep in place a Trump administration order that authorizes Customs and Border Protection to quickly expel any migrant as a public health measure during the COVID-19 pandemic.

Even though critics question the health justification for the order, the new administration may decide it’s necessary to avoid a rush of migrants and to protect Border Patrol agents and other CBP employees, says Doris Meissner, a former senior U.S. immigration official now with the Migration Policy Institute.

“This health circumstance is not likely to just disappear come January or February,” she says.

Prospects for Major Immigration Overhaul

Biden says he will “commit significant political capital to finally deliver legislative immigration reform,” which would be necessary to fix problems with the American immigration system and resolve the fate of millions of undocumented people living in the U.S. That’s a long shot, at best, with the divided Congress. President George W. Bush called for a big immigration bill, to no avail. Obama pushed for one as well, and it died in the House.

RELATED TOPICS:

DON'T MISS

California’s Water Crisis Deepens as San Joaquin Valley Sinks

DON'T MISS

What to Know About Pam Bondi, Trump’s New Pick for Attorney General

DON'T MISS

North Korean Leader Says Past Diplomacy Only Confirmed US Hostility

DON'T MISS

Democrats Strike Deal to Get More Biden Judges Confirmed Before Congress Adjourns

DON'T MISS

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

DON'T MISS

Automakers to Trump: Please Require Us to Sell Electric Vehicles

DON'T MISS

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

DON'T MISS

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

DON'T MISS

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

DON'T MISS

Average Rate on a 30-Year Mortgage in the US Rises to Highest Level Since July

UP NEXT

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

UP NEXT

What Will Happen to CNBC and MSNBC When They No Longer Have a Corporate Connection to NBC News?

UP NEXT

Republicans on House Ethics Reject for Now Releasing Report on Matt Gaetz

UP NEXT

Defining Deviancy Down. And Down. And Down.

UP NEXT

Lawmakers Are Concerned About Background Checks of Trump’s Cabinet Picks as Red Flags Surface

UP NEXT

Matt Gaetz Meets Privately With Senators to Shore Up Support as House Ethics Decision Looms

UP NEXT

To the Wire: Rep. John Duarte Grows His Lead Over Adam Gray In Razor Thin Race

UP NEXT

Bomb Cyclone Kills 1 and Knocks Out Power to Over Half a Million Homes Across the Northwest US

UP NEXT

Trump Chooses Former Acting Attorney General Matt Whitaker as NATO Ambassador

UP NEXT

What to Know About Linda McMahon, Trump’s Pick for Education Secretary

Democrats Strike Deal to Get More Biden Judges Confirmed Before Congress Adjourns

11 hours ago

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

11 hours ago

Automakers to Trump: Please Require Us to Sell Electric Vehicles

12 hours ago

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

12 hours ago

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

12 hours ago

Trump Chooses Pam Bondi for Attorney General Pick After Gaetz Withdraws

13 hours ago

Average Rate on a 30-Year Mortgage in the US Rises to Highest Level Since July

13 hours ago

Cutting in Line? American Airlines’ New Boarding Tech Might Stop You at Now Over 100 Airports

13 hours ago

MLB Will Test Robot Umpires at 13 Spring Training Ballparks Hosting 19 Teams

14 hours ago

Death Toll in Gaza From Israel-Hamas War Passes 44,000, Palestinian Officials Say

14 hours ago

California’s Water Crisis Deepens as San Joaquin Valley Sinks

California’s San Joaquin Valley is sinking at an alarming rate, according to a new study published in Nature Communication Earth and E...

31 minutes ago

Photo of Friant-Kern Canal
31 minutes ago

California’s Water Crisis Deepens as San Joaquin Valley Sinks

10 hours ago

What to Know About Pam Bondi, Trump’s New Pick for Attorney General

11 hours ago

North Korean Leader Says Past Diplomacy Only Confirmed US Hostility

11 hours ago

Democrats Strike Deal to Get More Biden Judges Confirmed Before Congress Adjourns

11 hours ago

Newsom Gaslights on Potential Gas Price Hikes in Fresno Visit

President Joe Biden with Mary Barra, the chief executive of General Motors, at the Detroit Auto Show, Sept. 14, 2022. President-elect Donald Trump has promised to erase the Biden administration’s tailpipe rules designed to get carmakers to produce electric vehicles, but most U.S. automakers want to keep them. (Doug Mills/The New York Times)
12 hours ago

Automakers to Trump: Please Require Us to Sell Electric Vehicles

12 hours ago

President Biden Welcomes 2024 NBA Champion Boston Celtics to White House

12 hours ago

Ohtani Makes History With 3rd MVP, Judge Claims 2nd AL Honor

Help continue the work that gets you the news that matters most.

Search

Send this to a friend