The Legal Challenges and the Impact of Joe Biden’s Immigration Executive Actions

In this article, we discuss The Legal challenges and the impact of Joe Biden’s immigration executive actions. We also discuss the impact of Biden’s immigration policy on migrants. And we examine how the Democratic-controlled House has failed to create a pathway to citizenship for DREAMers, TPS recipients, farmworkers, and essential workers. Ultimately, these efforts may have a negative impact on our country’s immigration policy, and will likely lead to more debate.

Biden’s immigration executive actions

A number of immigrant advocacy groups hailed Biden’s immigration executive actions. The first was a halt to the deportation of certain non-citizens from countries with a high incidence of coronavirus. However, the Trump administration weakened these priorities and continues to deport immigrants at an alarming rate. Now, in response to these concerns, Biden has announced a series of new initiatives.

These new measures will address the current situation at the southern border, the impacts of climate change on migration, and the “zero tolerance” policy. Biden has also taken action to strengthen and expand the legal immigration system while addressing the underlying causes of irregular migration. He has made commitments to create new pathways to legal immigration, but experts debate whether they go far enough. Biden’s immigration executive actions will be a test case to gauge the president’s progress.

As part of the new policy, Biden has created an interagency task force on family reunification. The task force will include representatives of impacted families and a wide variety of stakeholders. The goal of the task force is to develop and implement policy recommendations to help reunite separated families. The order also requires the participation of families, children, and a range of other stakeholders. The interim report must be completed by June 2021 and bi-monthly progress reports must follow thereafter.

 

Enforce immigration Policies 

The new administration has attempted to weaponize the census as a means to enforce immigration policies. Despite this, Biden’s executive actions on immigration enforcement signal a major shift. The Trump administration had previously implemented Executive Order 13768, which called for the removal of all undocumented immigrants. Further, it also removed federal funding from sanctuary states. The rescinded bans on LGBTQ individuals and refugees displaced by climate change also have changed.

In addition to addressing the root causes of migration, the vice president plans to streamline the process of green card issuance. This will ease the burden on the government’s immigration system and make it easier for immigrants to obtain legal status. In addition, the reunification of separated families is another important objective of Biden’s immigration executive actions. In the meantime, he plans to put in place a task force to bring separated families back together.

Nevertheless, the president’s orders will not undo all of Trump’s immigration policies. For instance, he ordered a review of the Remain in Mexico program that forces migrants to wait in Mexico while their asylum cases are processed. While these orders may seem inconsequential in the big picture, they are significant. They also clash with the policies of the Obama administration, which prioritized the deportation of people suspected of terrorism and espionage, and those who entered the U.S. after Nov. 1, 2020.

Meanwhile, Vice President Biden also wants to boost the refugee resettlement program to meet the unprecedented global need for refugees. In addition, he plans to shift ICE agents’ focus to arresting undocumented immigrants who pose a national security risk. However, it is unclear whether Biden will be able to fulfill his campaign pledge to resettle 125,000 refugees annually in his first full fiscal year. The United States has received just 14% of the total number of refugees in the last year of the Obama administration.

Impact of his immigration executive actions on migrants

In the first year of his administration, President Biden faced some of the most serious challenges to immigration reform since the Trump era. Though he was able to roll back some of the most aggressive policies enacted by the previous administration, his efforts to streamline the federal immigration system have been undermined by delays and stalled promises. Overall, the Biden administration has implemented more changes to federal immigration policy than the Trump administration has. Since taking office, Biden has issued 296 immigration executive actions, as compared to 86 actions taken by the Trump administration. The major policies have impeded the immigration process, creating barriers for visitors, asylum-seekers, and workers alike.

As a result, the legal process for immigrants needs to be strengthened. For instance, those migrants who have chosen to opt-out of the rapid expulsion process must go through the typical Title 8 process, which is a lengthy and drawn-out process. It takes months, even years, for a case to be resolved. And in 2017, the backlog of immigration court cases exceeded 1.5 million. On top of that, the Biden administration reversed the “public charge” rule, which had imposed new income and educational requirements on immigrants.

As the Trump administration focused on cutting back on refugee admissions, Biden sought to reverse some of those moves, restoring the decades-old refugee program and creating a task force to reunite families separated at the border. However, many of these actions remained in place, despite the bipartisan effort to reverse these measures. Asylum-seekers work permits were reinstated, but the 30-day deadline for a new application was extended. While a federal district court halted these actions, many of these restrictions were reinstated.

Additional information 

In addition, President Biden’s executive actions on migration will increase protection for asylum seekers, reduce long-term visa backlogs, and prioritize the resettlement of migrants. Unlike previous administrations, this administration is committed to protecting vulnerable populations. This plan will also include a rise in the number of U visas annually, and will also eliminate the three-year and ten-year bar on immigration. The Trump administration has also made a commitment to improve protections for immigrant workers and ensure that victims of serious labor violations are eligible for asylum.

In addition to expanding the number and categories of asylum seekers. the Biden administration will also create an eight-year path to citizenship for over 11 million undocumented immigrants. Under the new plan. undocumented immigrants who were physically present in the United States on January 1, 2021, would be granted temporary Lawful Prospective Immigrant (LPI) status. and become lawful permanent residents after five years. Similarly, H-2A non-immigrants and Temporary Protected Status recipients will also be eligible for LPI status. lawful permanent residents will have a reduced residency requirement from five to three years, allowing. Them to complete their immigration proceedings without a hassle.

In January 2021, President Biden issued several immigration-related executive actions aimed at making the United States more welcoming to immigrants and refugees. These actions signal the start of a new era in US immigration policy. But the Biden administration has faced significant headwinds in the Senate and has been forced to defend many of his controversial proposals. The “Remain in Mexico” policy, which forced asylum seekers to stay in Mexico, has been challenged by the states of Texas and Missouri. While the Trump administration is appealing these rulings, it has been confirmed by the courts that the policy was unconstitutional.

Legal challenges to his immigration policy

In December, Vice President Joe Biden reinstated a Trump-era policy, which allows asylum seekers to remain in Mexico while their claims are processed. A lawsuit challenging the policy was upheld by the U.S. Supreme Court. Currently, asylum seekers do not receive legal status until their claims are approved. This policy is under fire for exposing asylum seekers to violence. The Justice Action Center is suing the Biden administration to end the policy.

In addition to denying asylum claims, the Biden administration has faced legal challenges to its immigration policy. A federal judge in Texas. The appointment by Trump blocked a 100-day moratorium on deportations and ordered the administration to restart its “Remain in Mexico” program. which essentially sent migrants to dangerous border towns to await immigration court hearings. Currently, the states are seeking a preliminary injunction against the administration, but Judge Summerhays said he would rule before the Title 42 restrictions expire.

The “remain in Mexico” policy has received criticism from many legal scholars. Asylum seekers are exposed to dangerous conditions and are vulnerable to exploitation and human trafficking. The policy, known as Migrant Protection Protocols, has been criticized by advocates of refugee rights.

Trump policies

While the administration is fighting the Trump-era policy in the courts. it has also stepped up efforts to protect national groups. One major step in this direction was to designate Venezuelans eligible for Temporary Protected Status (TPS) which allows 323,000. the country’s unauthorized immigrants to work legally and remain in the country for 18 months. The TPS program also applies to Myanmar, also known as Burma. An estimated 1,600 Burmese would qualify for the TPS program. making the total number of TPS holders double from the current 319,000.

As Biden’s first 100 days show, the executive power to alter immigration. the policy has been used successfully by his administration to implement sweeping reforms. This power was first embraced by President Obama and expanded by President Trump.

has been exercised to unprecedented levels. As the Senate confirms Biden’s nominees to major immigration agencies, more executive actions are likely to be implemented. So, while Biden’s immigration policies are unconstitutional, they are still important.

As the incoming administration works to implement the Biden Immigration Agenda, it is still unclear. whether he will follow through on his campaign promises. Despite a stumbling start, there is still plenty of room to improve the situation. Biden’s promise to protect the DACA program and end the “Remain in Mexico” policy could be a start. But even if these promises do not materialize, advocates remain hopeful.