During his first week in the Office President Biden reversed numerous Trump era immigration policies through Presidential Proclamations, Memorandums, and Executive Orders. Following Trump Era Immigration Policies Reversed:
- Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA).
On January 20, 2021, President Biden issued a Presidential Memorandum. The Memo directs the Secretary of Homeland Security, in consultation with the Attorney General, to “take all actions he deems appropriate consistent with applicable law, to preserve and fortify DACA.” The Memo does not make any immediate changes to the DACA program. At present USCIS is accepting first-time requests for DACA as well as DACA renewal requests; Grants of deferred action and employment authorization under DACA are to be issued in two-year increments; and USCIS is accepting applications for advance parole. As of January 26, 2021, no decision has been rendered on the parties’ pending motions for summary judgment before the U.S. District Court for the Southern District of Texas in Texas v. United States, 1:18-cv-00068. The State of Texas and other plaintiffs are seeking an order declaring the DACA program unlawful and setting aside the June 2012 Napolitano Memorandum creating the DACA program.
● Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease.
On January 25, 2021, President Biden issued a “Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease.” The Proclamation maintains travel restrictions on individuals from the Schengen Area, U.K., Ireland, and Brazil, which were scheduled to be lifted on January 26, 2021, via a January 18, 2021, Proclamation 10138 issued by the Trump administration. It is effective at 12:01 am (ET) on January 26, 2021, for these countries. In addition to those countries listed, previous restrictions implemented by the Trump Administration remain for both China and Iran. The Proclamation also adds South Africa to the list of countries with restrictions on entry into the U.S. The effective date of the suspension and limitation on entry from South Africa is 12:01 am (ET), January 30, 2021. More information on the suspensions, those to which they apply, and those excepted.
The Proclamation will remain in effect until it is terminated and orders the Secretary of Health and Human Services to provide a recommendation as to whether the Proclamation should be continued, modified, or terminated 30 days from issuance, and by the end of each month thereafter. The Proclamation also orders the Secretary of Health and Human Services to provide a similar recommendation for the China and Iran suspensions within the same initial 30-day window, and by the end of each month thereafter.
Also beginning January 26, 2021, all international travelers to the U.S. must provide proof of a negative COVID-19 test to airlines within three days prior to their departure.
Memorandum directing a review of Immigration Enforcement Practices and Policies
On January 20, 2021, Acting DHS Secretary Pekoske issued a memorandum directing DHS components to conduct a review of immigration enforcement policies, and setting interim policies for civil enforcement during that review. Beginning 1/22/21, DHS was required to pause removals of certain noncitizens ordered deported for 100 days. However, recently the Southern District of Texas, Victoria Division, issued a Temporary Restraining Order to enjoin the government from executing the 100-day pause on the removal of individuals already subject to a final Order of Removal, as outlined in the DHS memo on January 20, 2021. The government is enjoined from executing this pause for 14 days. (State of Texas v. USA, et al., 1/26/21). Note: The TRO applies only to the moratorium and does not impact the enforcement priorities set forth in DHS’s January 20, 2021, memo.
- Executive Order Revising Civil Immigration Enforcement Policies and Priorities.
On January 20, 2021, President Biden issued an Executive Order revoking Executive Order 13768 of January 25, 2017, and directing the DOS Secretary, the Attorney General, the DHS Secretary, and other government officials to review any agency actions developed pursuant to Executive Order 13768 and to take action, including issuing revised guidance, as appropriate and consistent with applicable law. (86 FR 7051, 1/25/21). Revision of Civil Immigration Enforcement Policies and Priorities
- President Biden Issued Executive Order revoking prior Presidential actions excluding undocumented immigrants from the apportionment base following the decennial census.
On January 20, 2021, President Biden issued an Executive Order revoking Executive Order 13880 (Collecting Information About Citizenship Status in Connection With the Decennial Census) of July 11, 2020, and the Presidential Memorandum of July 21, 2020 (Excluding Illegal Aliens from the Apportionment Base Following the 2020 Census). The order directs the Commerce Secretary to ensure that the apportionment base and state-level tabulations include all inhabitants without regard to immigration status. (86 FR 7015, 1/25/21) Executive Order 13986 of January 20, 2021.
- Presidential Proclamation on Ending Discriminatory Bans on Entry to the United States of America.
On January 20, 2021, President Biden issued a proclamation revoking Executive Order 13780 of March 6, 2017; Proclamation 9645 of September 24, 2017; Proclamation 9723 of April 10, 2018; and Proclamation 9983 of January 31, 2020. The proclamation directs the DOS secretary to direct embassies and consulates, consistent with applicable law and visa processing procedures, including any related to COVID-19, to resume visa processing in a manner consistent with the revocation of the executive order and proclamations specified. (86 FR 7005, 1/25/21) Proclamation 10141 of January 20, 2021. Ending Discriminatory Bans on Entry to the United States of America.
We will regularly update the blog as soon as any new information is available.
Disclaimer
This article aims to provide new information concerning reversal of Trump era immigration policies. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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