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

Senate Rebukes Trump’s Tariffs as Some Republicans Vote to Halt Taxes on Canadian Imports

DON'T MISS

Supreme Court Sides With the FDA in Its Dispute Over Sweet-Flavored Vaping Products

DON'T MISS

Trump Announces Sweeping New Tariffs to Promote US Manufacturing, Risking Inflation and Trade Wars

DON'T MISS

Fresno Firefighters Save Dog From Canal and Now She’s Ready for Adoption

DON'T MISS

Big Brands Spend Just Enough on X to Avoid Musk’s ‘Naughty List’

DON'T MISS

Judge Dismisses Corruption Case Against New York City Mayor Eric Adams

DON'T MISS

State Center Trustees Render Split Decision on Future of PLAs

DON'T MISS

California’s Schools Chief Has a $200,000 Salary and a Side Gig

DON'T MISS

Why Project Labor Agreements Are Good for Our Schools and Students: Opinion

DON'T MISS

Trump Proposes Tax Deduction for Auto Loan Interest on US-Made Cars

UP NEXT

Western US Sees Sharp Increase in Extreme Weather Impact

UP NEXT

7-Year-Old Girl Was Killed by a Falling Boulder at a Lake Tahoe Ski Resort

UP NEXT

Xavier Becerra Enters 2026 California Governor’s Race

UP NEXT

Elon Musk Reclaims Top Spot on Forbes’ Billionaires List

UP NEXT

Lakers Hold Off Rockets With 6 3-Pointers Apiece From Dorian Finney-Smith, Gabe Vincent

UP NEXT

Athletics Bat Boy Stewart Thalblum Takes Down Drone in Left Field

UP NEXT

NFL Postpones Tush Push Decision but Passes Other Rule Changes, AP Source Says

UP NEXT

March Madness: It’s South Carolina vs. Texas and UCLA vs. UConn in Women’s Final Four

UP NEXT

What to Watch in Tuesday’s Big Elections in Wisconsin and Florida

UP NEXT

Major Layoffs Begin at Health Agencies That Track Disease and Regulate Food

Fresno Firefighters Save Dog From Canal and Now She’s Ready for Adoption

11 hours ago

Big Brands Spend Just Enough on X to Avoid Musk’s ‘Naughty List’

11 hours ago

Judge Dismisses Corruption Case Against New York City Mayor Eric Adams

11 hours ago

State Center Trustees Render Split Decision on Future of PLAs

11 hours ago

California’s Schools Chief Has a $200,000 Salary and a Side Gig

12 hours ago

Why Project Labor Agreements Are Good for Our Schools and Students: Opinion

12 hours ago

Trump Proposes Tax Deduction for Auto Loan Interest on US-Made Cars

13 hours ago

Western US Sees Sharp Increase in Extreme Weather Impact

13 hours ago

Amazon Said to Make a Bid to Buy TikTok in the US

13 hours ago

Fresno Man Found Dead, Coroner’s Office Seeks Help Finding Family

13 hours ago

Senate Rebukes Trump’s Tariffs as Some Republicans Vote to Halt Taxes on Canadian Imports

WASHINGTON — The Senate passed a resolution Wednesday night that would thwart President Donald Trump’s ability to impose tariffs on Canada, ...

6 hours ago

Senate Minority Leader Chuck Schumer, D-N.Y., center, is joined from left by Sen. Tim Kaine, D-Va., Sen. Peter Welch, D-Vt., and Sen. Angela Alsobrooks, D-Md., as they speak to reporters about President Donald Trump's tariffs on foreign countries, at the Capitol, in Washington, Wednesday, April 2, 2025. (AP Photo/J. Scott Applewhite)
6 hours ago

Senate Rebukes Trump’s Tariffs as Some Republicans Vote to Halt Taxes on Canadian Imports

10 hours ago

Supreme Court Sides With the FDA in Its Dispute Over Sweet-Flavored Vaping Products

10 hours ago

Trump Announces Sweeping New Tariffs to Promote US Manufacturing, Risking Inflation and Trade Wars

A young Labrador mix rescued from a Fresno canal on Sunday, March 2, 2025, is thriving in a foster home after overcoming fear and trauma. (Instagram/Fresno Animal Center)
11 hours ago

Fresno Firefighters Save Dog From Canal and Now She’s Ready for Adoption

11 hours ago

Big Brands Spend Just Enough on X to Avoid Musk’s ‘Naughty List’

11 hours ago

Judge Dismisses Corruption Case Against New York City Mayor Eric Adams

11 hours ago

State Center Trustees Render Split Decision on Future of PLAs

12 hours ago

California’s Schools Chief Has a $200,000 Salary and a Side Gig

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

Search

Send this to a friend