Since January 20th when President Biden was sworn in as the 46th President of the United States, he has made it one of his top priorities to begin rolling back the immigration policies that were implemented under the Trump administration.
We understand that keeping up with these changes is difficult, and we expect to see many changes over the coming months.
To better help people understand what changes have occurred or may occur, we have created this page to list actions taken by the Biden Administration. We will continue to update this page as we receive further info.
If you have any questions about how these changes can impact family-based or employment based immigration cases, please contact us to set up a time to speak with one of our immigration attorneys.
January 20, 2021
1) White House Memorandum Regarding Regulatory Freeze Pending Review
White House Chief of Staff Ronald A. Klain issued a memorandum to the heads of executive departments and agencies, instituting a regulatory freeze pending review. This memo withdrew proposed regulations, and postponed published regulations for 60 days. The overall impact to immigration will depend on the final actions taken by the heads of agencies after their additional review of the regulations.
2) Presidential Proclamation on Ending Discriminatory Bans on Entry to The United States
President Biden issued a proclamation revoking President Trump’s executive orders and proclamations banning travel into the United States from a number of different countries. The proclamation also directs embassies and consulates, consistent with Covid-19 procedures, to resume visa processing for all countries previously banned by the previous executive orders.
3) Executive Order Revising Civil Immigration Enforcement Policies and Priorities
This Executive Order refocused enforcement policies by limiting the list of individuals that ICE should target to place into removal proceedings. Additionally, it calls for a 100-day pause on the removal of individuals with final removal orders. However, there is on-going litigation regarding this aspect of he executive order.
4) Executive Order Regarding Census
President Biden revoked a prior executive order excluding undocumented individuals from being counted in the Census.
5) Presidential Proclamation Regarding the Southern Border
This proclamation redirected funds being used for construction of the border wall and called for a pause to the work on the construction of the border wall.
6) White House Memorandum Deferred Enforced Departure for Liberians
The memorandum deferred through June 30, 2022 the removal of any Liberian National, or person without nationality who last habitually resided in Liberia, who is present in the U.S. and who was under a grant of DED as of January 10, 2021.
7) Presidential Memorandum Regarding DACA
President Biden requested that the Department of Homeland Security Secretary along with the Attorney General take action to preserve the protections provided to individuals eligible for DACA.
January 21, 2021
1) Presidential Proclamation Regarding Covid-19
President Biden issued a proclamation suspending and limiting the entry of noncitizens who were present in the Schengen Area, the U.K., Ireland, Brazil, and South Africa during the 14-day period preceding their entry to the United States. This effectively extends the same travel ban initiated by the Trump administration.
January 25, 2021
1) Executive Order Revoking “Buy American, Hire American”
President Biden revoked executive orders made by President Trump that created this additional obstacle for employers attempting to hire foreign employees.
January 26, 2021
1) Department of Justice Memorandum Regarding Zero Tolerance Policy
Acting Attorney General Monty Wilkinson issued a memo rescinding the department’s 2018 policy directive on Zero Tolerance for individuals caught entering the Untied States without inspection.
February 1, 2021
1) Department of Labor Notice
Notice proposing to delay until 5/14/2021 the effective date of the final rule regarding computation of prevailing wage levels. The current effective date of the rule is 3/15/2021. Comments on the proposed delay effective day must be received by 2/16/2021.
February 2, 2021
1) Executive Order Regarding Review of Immigration Policies
This Executive Order requires that agencies conduct a top-to-bottom review of recent regulations, policies, and guidance that have set up barriers to legal immigration system, and orders immediate review of agency actions on public charge inadmissibility. This is one of the first steps in trying to roll back the polices put in place by the Trump administration that hindered lawful immigration.
2) Executive Order Regarding Reunification of Families
This Executive Order establishes a task force to reunite families who remain separated, and revokes Trump’s previous executive order that sought to justify the separation of children from their parents.
3) Executive Order Regarding Asylum
This Executive Order implements a three part plan for safe, lawful, and orderly migration across the southern border, as well as to revied the Migrant Protection Protocols which were implemented under the Trump Administration and required individuals to wait in Mexico until their Asylum hearing.