It's election time. Everybody's talking, and trying to figure out how to vote and what to believe. Let's talk about Biden on Immigration.
Photo credit: Center for Migration Studies
Biden implemented 535 immigration executive actions during his first three years in office.
TLDR: The Biden administration ended or partially ended most Trump-era policies, often expanding on the initial policies which Trump had cancelled, or initiating new ones to facilitate lawful immigration.
He sought “tough but fair” border and immigration policy that encouraged legal immigration. Biden also enacted legislation on border security and asylum that rival, or in some instances borrow from, Trump era policies.
Biden faced backlash similar to Trump for some of his actions at the border. Also similar to Trump, many of his policies have been hampered by Congress or the Courts.
Border policy:
Biden re-instituted in 2023 building up to 20 miles of new fences along the US-Mexico Border, as part of Trump’s original allocation
In 2023, Biden authorized electronic “metering” of entrants at the Border, where asylum seekers are forced to wait at the border until securing an appointment with asylum officials, which are extremely limited
In Dec. 2021, Biden reinstated Trump’s “Remain-in-Mexico" program, which requires those who arrive at the U.S.-Mexico border seeking asylum to wait in Mexico while their claim is processed
Biden also used Title 42 (which allows the US government to expel immigrants immediately in the name of public health, initiate for the first time ever by Trump in 2020) to address immigration flows at the Border. This practice ended in May 2023, when the pandemic was declared over.
On June 4, 2024, Biden signed an Executive Order allowing the government to shut down the US-Mexico border when there is an average of 2,500 irregular daily border crossings over a seven-day period. The government can reopen the border once the average number of daily crossings falls below 1,500 for seven consecutive days
Legal Immigration Pathways under Biden:
Biden has attempted in at least two major bills in Congress to enact immigration reforms/policies – “Build Back Better” & a bipartisan bill in Jan. 2024 (killed by Trump and other Republicans) - but his efforts has been stymied by a divided congress
Generally speaking, he has opened or expanded legal pathways to migration
Biden allocated a record 20,000 H-2B temporary nonagricultural worker visas for citizens of El Salvador, Guatemala, Honduras, and Haiti
Biden started "Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV)," a humanitarian parole program for up to 30,000 CHNV nationals; In Jan. 2023 the Administration declared that Cuban, Haitian, Nicaraguan and Venezuelan nationals who try to cross the US-Mexico border and fail to apply for the newly created parole program would be returned to Mexico
Biden announced on June 18, 2024 plans to implement a new program that would allow spouses of US citizens, living in the US without legal status for over 10 years, to receive work permits and protection against deportation. This process would also allow them to apply for lawful permanent residency in the US without having to leave the country and seek a waiver to re-enter.
Extended Temporary Protective Status for most countries that have that designation
Asylum:
In 2023, Biden brought back Trump’s “Transit Country Asylum Ban,” or bar on asylum for migrants who had transited through other countries without applying for asylum there, but moderated by large exceptions not in Trump’s initial policy. Unaccompanied children, migrants entering the United States at legal points of entry, and victims of severe human trafficking were excluded from the ban
May 2023, Biden launched a new rule to incentivize immigrants to arrive at US ports of entry, instead of to illegally cross the border. Per the rule, immigrants would be considered ineligible for asylum unless they: 1) scheduled an appointment via CBP One, a US government app, 2) had been denied protection in a third country, 3) arrived through a parole program or 4) qualified for an exception to this rule. The US government would also expand expedited removal to quickly remove immigrants without a court hearing if they did not seek asylum, or failed to establish a credible fear of persecution. Elements of this rule were adopted from a Trump-era policy
On June 4, 2024, along with his policy allowing the US to close the border during periods of high traffic, he enacted new policy which serves to bar asylum claims. Where the government was previously required to ask migrants if they fear return to their country, now migrants are required to volunteer this information or they will be quickly processed for deportation
Reinstated asylum protections for domestic violence victims
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