Immigration Under President Biden: Expectations, Reality, and Everything In Between
Joe Biden ran as an antithesis to his predecessor, but what does what mean now that he is in office for those most affected by his decisions? As a candidate, Biden promised to not only reverse the unjust immigration policies of the previous administration but to prioritize protecting immigrant families who are essential to our country. Since Inauguration Day, most of Biden’s immigration actions have been centered around reversing Trump’s policies. Biden ran on promises to go beyond rolling back Trump administration policies, but his time in office has not exactly mirrored those campaign promises.
Immigration was a critical issue in the 2020 presidential election. More than half of registered voters said that immigration was “very important” to their vote (Important issues in the 2020 election). The Biden campaign website outlined his plan for “securing our values as a nation of immigrants” (The Biden Plan for Securing Our Values as a Nation of Immigrants). He pledged his commitment to reversing the harmful immigration policies of the previous administration, citing the moral and economic failings. Trump’s term was historic in the sense that he made the most immigration focused presidential actions in modern history (Waslin, 2020). Of all of Trump’s executive orders, 8% of them were focused around immigration in comparison to 6.5% and 1.4% for Obama and Bush respectively (Waslin, 2020). With Trump’s time in office spent using executive orders and presidential proclamation to make policy, much of Biden’s planned immigration work is centered around undoing what Trump has done to the system.
Biden’s campaign site outlined the first 100 days of immigration reform under the Biden administration. Some of the promises seem intentionally vaguely written, and will be difficult to determine whether they have been achieved. For instance, he promises to end “detrimental asylum policies” and “the mismanagement of the asylum system” (The Biden Plan for Securing Our Values as a Nation of Immigrants). Of Biden’s 16 immigration-based first 100 day goals, as of March 23, 2021, he has completed three and began to address some of the incredibly general promises.
First 100 day promises related to immigration (as written on the Biden campaign site):
Immediately reverse the Trump Administration’s cruel and senseless policies that separate parents from their children at our border
End Trump’s detrimental asylum policies
End the mismanagement of the asylum system, which fuels violence and chaos at the border
Surge humanitarian resources to the border and foster public-private initiatives
End prolonged detention and reinvest in a case management program
Reverse Trump’s public charge rule
End the so-called National Emergency that siphons federal dollars from the Department of Defense to build a wall
Protect Dreamers and their families
Rescind the un-American travel and refugee bans, also referred to as “Muslim bans.”
Order an immediate review of Temporary Protected Status (TPS) for vulnerable populations who cannot find safety in their countries ripped apart by violence or disaster.
Restore sensible enforcement priorities.
Ensure that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) personnel abide by professional standards and are held accountable for inhumane treatment.
Protect and expand opportunities for people who risked their lives in military service.
Restore and defend the naturalization process for green card holders.
Revitalize the “Task Force on New Americans” and boost our economy by prioritizing integration, promoting immigrant entrepreneurship, increasing access to language instruction, and promoting civil engagement.
Convene a regional meeting of leaders, including from El Salvador, Guatemala, Honduras, Mexico, and Canada, to address the factors driving migration and to propose a regional resettlement solution.
The President as the head of the executive branch holds some power in determining how the American immigration system works. The president can influence immigration directly through executive orders, memorandums, and presidential proclamation or indirectly through cabinet appointments and other political actions. Due to the separation of powers, the President has “considerable authority to screen immigrants at the back end of the system through enforcement decisions, but minimal control over screening at the front end,” meaning his role primarily affects deportation and enforcement (Cox and Rodriguez, 2020).
During his campaign, Biden made a lot of promises about imigration reform, but what has he done in office since January 20th? On Biden’s Inauguration Day, he made six presidential actions concerned with immigration: two executive orders, two memorandums, and two presidential proclamations. All of these actions were Trump administration action reversals.
Biden’s day one presidential immigration actions were as follows:
January 20, 2021
Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities
Revokes the Trump administration’s practice of punishing sanctuary cities that would not cooperate with federal immigration enforcement.
Executive Order on Ensuring the Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census
Recognizes undocumented immigrants during the census count, reversing a Trump policy to exclude them.
Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)
Executive Memorandum for the Attorney General and Secretary of Homeland Security that fortifies DACA, an Obama-created protection for immigrants who came to the U.S. as children that Trump tried to reverse.
Reinstating Deferred Enforced Departure for Liberians
As the name suggests, the Executive Memorandum for the Secretary of State and Secretary of Homeland Security reinstates Liberians’ deferred enforced departure status due to unrest in Liberia.
Proclamation on the Termination Of Emergency With Respect To The Southern Border Of The United States And Redirection Of Funds Diverted To Border Wall Construction
Diverts funds from the southern border wall construction to the Defense Department and other purposes that Congress deems appropriate.
Proclamation on Ending Discriminatory Bans on Entry to the United States
Reverses Trump-era policies that limited immigration from predominately Muslim and African nations citing them as being not only discriminatory but a violation of religious freedoms built into the Constitution.
On day one, Biden did follow through with some campaign promises, protecting DACA, reversing Trump’s “Muslim ban,” and cutting off funding to Trump’s border wall. Since his first day, Biden has continued to take presidential actions on immigration reform as follows:
January 25, 2021
Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease
Maintains and extends travel restrictions put in place by Trump from specific regions posing a risk of spreading COVID-19.
February 2, 2021
Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Through North and Central America, and Provide Safe and Orderly Processing Asylum Seekers at the United States Border
Acknowledges that humanitarian crises in Mexico and Central America lead to immigrants needing to seek asylum in the United States. It says that Biden’s administration will use a “multi-pronged approach” to addressing the root causes of immigration.
Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans
Recognizes the harm of the bureaucratic delays that became the norm under the Trump administration and says Biden’s administration will work to be inclusive to new Americans.
Executive Order on the Establishment of Interagency Task Force on the Reunification of Families
Sets up a government task force to reunite the families separated under Trump’s “zero tolerance” policy.
February 4, 2021
Executive Order on Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration
Acknowledges the correlation between the climate crisis and migration changes. The executive order uses a multi-agency approach to examine climate change and migration.
February 24, 2021
A Proclamation on Revoking Proclamation 10024
Suspends a Trump proclamation that limited immigration to protect the American labor during the economic recovery following the Coronavirus outbreak.
While Biden has made presidential actions directed towards the issues within the immigration system, his efforts still fall short to address major failings seen today. Immigration advocacy organizations have continued to apply pressure to the Biden administration to follow through on the promises he made while campaigning and direct attention to the most urgent crises faced by immigrants today. These organizations, many of which are non-profit groups, support migrants through the immigration process as well as advocating for just immigration policy. Some examples of major immigration advocacy groups include The American Civil Liberties Union, the National Immigration Law Center, and Human Rights First. Currently, the principal concerns for immigration advocacy organizations are reuniting the families separated under the Trump administration, and stopping the inhumane use of detention centers to detain immigrants.
Despite his campaign pledge to “immediately reverse the Trump Administration’s cruel and senseless policies that separate parents from their children at our border,” Biden did not address the issue until February 2, 2021 (The Biden Plan for Securing Our Values as a Nation of Immigrants). One of Biden’s February executive orders established a task force with the Secretary of Homeland Secretary, Secretary of State, Secretary of Health and Human Services, and the Attorney General with the goal of reuniting separated immigrant families. The Trump administration separated more than 5,500 families and the parents of more than 600 children who still have not been located (Rodriguez, 2021). During the time it takes for the government to locate the parents, the 600 children wait in immigration detention centers. At the beginning of March, Secretary of Homeland Security Alejandro Mayorkas reported that approximately 105 families of the 5,500 families have been reunited (Rodriguez, 2021). While the executive order may be a step in the right direction, Biden’s delayed action as well as the vague language of the presidential action itself leave room for improvement to ensure the timely reunification of these families. Another factor overlooked in the executive order is the damage done to these families beyond the separation itself. ACLU Executive Director Anthony D. Romero said, “These separated families suffered unfathomably because of what our government did, and we owe them restitution. This includes a permanent pathway to citizenship, care, and resources to help them” (Rodriguez, 2021). Inhumane immigration policies such as family separation and prolonged time in detention centers can cause lasting trauma for families, which cannot go unaddressed.
The Biden administration and the Department of Homeland Security announced plans to release migrant families after 72 hours of detainment, a break from the status quo established during both the Trump and Obama administrations (Miriam and Zolan, 2021). Similarly to the family reunification executive order, this is a step in the right direction, but may not do enough to address the severity of the issue. Andrea Raices, who represents a non-profit immigrant advocacy organization warned that the plan “at best, reversible operational changes that reduce the harm of long-term detention, and at worst, a temporary move to quell concern about this controversial immigration policy as medical and mental health experts unilaterally agree that there is no safe way to detain a child” (Miriam and Zolan, 2021). While limiting the time spent in detention centers may be positive in comparison to the alternative, it is important to consider the lasting harm these facilities have on the people held in them.
Biden’s presidency comes during a time of great divide. While many voters saw his ability to negotiate between split Republicans and Democrats as a positive quality in a candidate, now that he is president, Biden’s moderate approach may prove difficult to get the result he promised while campaigning. It will be critical for the American public to hold President Biden and his administration accountable for the power and effects of his decisions.
Opportunities to take action:
ACLU’s “Reunite Separated Families and Provide Relief Now” petition
Human Rights First’s “Call on the Biden Administration to Reunite Refugee Families” petition
Works cited
The Biden Plan for Securing Our Values as a Nation of Immigrants. Joe Biden for President: Official Campaign Website. (2020, August 5). https://joebiden.com/immigration/.
Cox, A., & Rodriguez, C. M. (2020). The President and Immigration Law. The Yale Law Journal. https://doi.org/10.1093/oso/9780190694364.001.0001
Hudak, J., & Stenglein, C. (2021, February 19). Biden's immigration reset. Brookings. https://www.brookings.edu/blog/fixgov/2021/02/19/bidens-immigration-reset/.
Jordan, M., & Kanno-youngs, Z. (2021, March 5). Biden Administration Says It Will Shorten Detention of Migrant Families. The New York Times. https://www.nytimes.com/2021/03/04/us/migrant-families-biden-plan.html.
Pew Research Center. (2020, October 8). Important issues in the 2020 election. Pew Research Center - U.S. Politics & Policy. https://www.pewresearch.org/politics/2020/08/13/important-issues-in-the-2020-election/.
Rodriguez, S. (2021, March 1). Biden to allow migrant families separated under Trump to reunite in the U.S. POLITICO. https://www.politico.com/news/2021/03/01/biden-reunite-separated-families-border-471940.
Waslin, M. (2020). The Use of Executive Orders and Proclamations to Create Immigration Policy: Trump in Historical Perspective. Journal on Migration and Human Security, 8(1), 54–67. https://doi.org/10.1177/2331502420906404
