Biden's Executive Orders on Immigration

Photo Credit: CNN

The first week of the Biden-Harris Administration has been a busy one, with the new President issuing several executive orders and proclamations which pertain to U.S. immigration policy.

Among the new orders that were recently signed, President Biden has committed to:

1. Ending the ban on entry into the U.S. from Muslim-majority countries

President Biden issued a proclamation which reversed Trump’s “Muslim Ban” – a policy which had prevented travelers from entering the U.S. who came from several so-called Muslim-majority countries and several African countries. The proclamation instructs U.S. embassies and consulates to resume the processing of visa applications from those countries and to reconsider applications that were denied under the previous “Muslim Ban.”

2. Changing the policies for enforcing civil immigration laws

President Biden has also issued an executive order which rescinds a Trump-era policy cracking down on communities that attempted to protect undocumented individuals from deportation. Stating that “the policy of my Administration is to protect national and border security, address the humanitarian challenges at the southern border, and ensure public health and safety” and that we must “safeguard the dignity and well-being of all families and communities,” President Biden signaled his intent to have agencies review and amend their immigration enforcement policies.

3. Including undocumented immigrants in the U.S. Census

While the Trump Administration attempted to exclude undocumented individuals from the 2020 U.S. Census, President Biden has signed an executive order instructing that all residents of each state, regardless of their immigration status, be included in the official counts. This is in accordance with the tradition of the U.S. census counting all individuals, irrespective of legal status, when conducting their counts of the U.S. population every ten years.

4. Ending funding for and construction of the border wall

In a move celebrated by many border communities, President Biden issued a proclamation ending any further construction on the wall at the U.S.-Mexico border. Within the proclamation, President Biden asserts that “building a massive wall that spans the entire southern border is not a serious policy solution” and that “it is a waste of money that diverts our attention from genuine threats.” Further declaring that “it shall be the policy of my Administration that no more American taxpayer dollars be diverted to construct a border wall” the new President has committed to stopping additional construction of the ugly, wasteful, and cruel wall along the U.S.-Mexico border.

5. Strengthening the Deferred Action for Childhood Arrivals (DACA) Program

President Biden has issued a memorandum instructing the Secretary of Homeland Security to take action to “preserve and fortify DACA.” This policy position stands in stark contrast to the Trump Administration’s efforts to end the program and is a welcome sign of support for DACA dreamers and their loved ones.

6. Reinstating Deferred Enforced Departure for Liberians

Through a memorandum, President Biden has extended the period of deferred enforced departure for Liberians. This provides thousands of individuals from Liberia who previously came to the U.S. fleeing violence more time to apply for permanent residence status. By extending the deferral of their forced departure from the United States, President Biden has protected these individuals from deportation for an additional period of time.

President Biden will likely issue additional executive orders in the coming weeks, and more details may emerge as federal departments take action in response to these policy recommendations.

Our office will continue to monitor these changes and keep our clients informed of any policy shifts that may impact their case.

We remain hopeful for the passage of a comprehensive immigration reform bill and will hold our legislators and president accountable for the campaign promises made to America’s immigrant families.

If you are in need of an immigration attorney and would like to schedule a consultation with Brittan or Mary Beth, please call our office at (425) 374-1681.

We are currently offering consultations via telephone or video conferencing, in accordance with public health recommendations meant to help stop the spread of COVID-19.