Not long after being confirmed as the 46th President of the United States, Joe Biden followed through on his guarantee to promptly invert the absolute most questionable immigration approaches executed by the Trump organization. Before the finish of the initiation day, he marked a progression of immigration-related chief activities planned to start fixing the harms done by very nearly 4 years of Trump‘s enemy of immigration strategies and to eradicate Trump’s inheritance on America’s immigration framework. Further, President Biden additionally conveyed a proposition for intense thorough immigration change enactment to the U.S. Place of Representatives for thought, hence starting the law-making measure. Whenever affirmed Congress, Biden’s proposed new law would give a way to lawful perpetual home (i.e., “green card” status) and qualification for citizenship to an expected 11 million individuals at present in the U.S. without approval, among other significant changes.
Below is a summary break-down of the key features from President Biden’s executive orders and proposed immigration reform legislation:
Biden’s Immigration-Related Executive Orders
The following-immigration related executive orders were signed on January 20 by President Biden:
- Ending certain Travel Bans – the executive order immediately terminates the “Muslim Ban” and “African Bans”, previously ordered by the Trump administration and revokes the practice FIND MORE LEGAL ARTICLES Type any word(s) of “Extreme Vetting” at U.S. embassies and consular posts imposed on all visa applications. The proclamation also calls for the Department of State to take remedial steps and restore fairness in visa processing, including reconsidering some denied visa applications from the preceding four years.
- Halting construction of border wall – the executive order triggers a thorough review of the legality of all resources appropriated or redirected to construct the southern border wall, which was a key aspect of Trump’s immigration platform
- Protecting Dreamers (DACA Recipients) – the Biden administration has reaffirmed protections for Dreamers by directing the Department of Homeland Security to take appropriate measures to fully reinstitute and strengthen the program. USCIS will soon return to accepting new application for DACA protection as well as applications for travel authorization by DACA holders
- Rescinding Trump’s administration orders to exclude undocumented individuals living in the United States from census counts
- Extending temporary protections for Liberians under the Deferred Enforced Departure (DED) program until June 30, 2022.
- Reinstating sensible deportation priorities in line with immigration agencies’ resources by focusing on certain immigration violators who pose a threat to national security, immigrants convicted of serious crimes, and recent border crossers. Biden’s executive order institutes a 100-day suspension of all deportations as of January 22, 2021, in order to allow the Department of Homeland Security (DHS) to review and reassess immigration enforcement practices and policies in the interior of the United States.
Immigration Reform Bill
President Biden also announced that his office has sent an immigration reform legislation proposal to Congress, titled the U.S. Citizenship Act of 2021. While the legislation is ambitious in scope and breadth, the following is a summary of key proposals:
- A path to permanent residence (green card) and eligibility to apply for U.S. citizenship for nearly all undocumented immigrants living in the United States as of January 1, 2021. Eligible individuals would apply for a green card after spending five years in temporary status, and then they could apply for naturalization three years later.
- Elimination of the three- and ten-year bars for foreign nationals who have lived in the United States illegally.
- Allow DACA and TPS holders to immediately apply for a green card if they meet specific requirements. They will then qualify for naturalization three years later.
- Establishes regional US immigration offices in Central America specifically to process applications for vulnerable migrants seeking protection from gang violence and other dangerous conditions.
- Take various steps to clear family- and employment-based visa backlogs, including raising the “per-country caps” on family-based green cards and entirely eliminating per-country caps on employment-based green cards as well as reforming how such green card issuance is calculated to significantly increase the total number of green cards issued every year.
- Provide work authorization for H4 dependent spouses and children and protecting the children of H-1B visa holders from “aging out” of green card eligibility due to current green card issuance backlogs that disproportionately affect citizens of India and China.
- Changes the word “alien” to “noncitizen” throughout the US immigration code and federal regulations—an important symbolic change that would strongly embed respect for the human dignity of foreign nationals in the US immigration system.
The Biden White House has plans for more changes to the US immigration system, both through executive actions and additional legislative proposals, in the coming weeks and months. The immigration law experts at Immigration Lawyer Raleigh NC will continue to carefully monitor all of the major developments from the new administration.
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