Biden Vows to Address Threats to the United States While Rescinding Trump-era Immigration Bans

Photo Source: President Joe Biden answers questions from reporters in the South Court Auditorium on the White House complex, Monday, Jan. 25, 2021, in Washington. [AP Photo | Evan Vucci]

An executive order signed within the first 24 hours of the President Biden administration rescinded former-President Trump’s “discriminatory ban” on entry into the United States, effectively canceling one executive order and three presidential proclamations issued by the previous administration. The new order requires the departments of State and Homeland Security to re-examine applications denied under Trump’s proclamations and to reassess worldwide information-sharing capabilities and vetting processes of both Departments.

President Biden emphasized in his first full day in office that these executive orders (EOs) and presidential proclamations issued under the previous administration “undermined our national security” and “jeopardized our global network of alliances and partnerships.” He added they were a “moral blight that has dulled the power of our example.”

The previous administration made clear through executive orders and presidential proclamations that the United States would no longer accept visa applications from countries with deficient information security and sharing capabilities. The administration cited that these inadequacies made it impossible to stop terrorists from entering the country. Executive Order 13780 of March 6, 2017, “Protecting the Nation from Foreign Terrorist Entry Into the United States,” superseded an earlier executive order banning individuals from majority-Muslim countries, earning it the nickname “The Muslim Ban.” Even though this EO removed Iraq from the ban and exempted those with valid visas and green cards, it reinforced the administration’s policy for immigration reform.

To address the thousands of immigrants that were awaiting processing for either immigrant or non-immigrant visas under the Trump administration’s travel bans, Biden’s executive order mandates that the Secretary of State must provide a report to the president within 45 days that outlines the State Department’s proposal to reconsider any application for an individual who had their visa denied under Proclamation 9645 or 9983. The State Department will have the discretion to consider whether these applications will need to be reopened, charged an additional fee, or expedited, if necessary.

Presidential Proclamation 9645, signed just six months later on September 24, 2017, called for “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threat.” The proclamation tasks relevant departments with conducting reviews of information-sharing practices with US global partners and allies. It established baseline criteria for which countries must operate in both sharing information with the United States on terrorists or potential terrorist threats and in protecting the integrity of the documents it issued for its citizens, such as passports.

After Proclamation 9645 had consolidated its comprehensive assessment, the Trump Administration signed Proclamation 9723 in April 2018 to maintain the enhanced vetting capabilities. Through this proclamation, President Trump “placed entry suspensions and limitations on nationals of countries that failed to meet the baseline .” The proclamation also provided for the Department of Homeland Security and Department of State to provide a recommendation on how to improve their systems of information security and sharing to countries subject to these limitations.

And finally, Biden’s executive order repeals Presidential Proclamation 9983, signed January 2020, which “improves the vetting capabilities” of previous orders issued by the Trump Administration. This order removed Chad from the list of banned countries because it “began to share information about known or suspected terrorists” and “improved its identity-management and information-sharing practices.”

Similar to the orders under President Trump, Biden’s newest EO instructs the Secretary of Homeland Security and Secretary of State to examine their policies and practices concerning immigration. They must provide a report within 120 days to describe the current procedures both agencies deploy on screening and vetting for incoming foreign nationals. They are also instructed to evaluate whether the Form DS-5535, Supplemental Questions for Visa Applicants, is a necessary form. And lastly, the departments will need to review global information-sharing capabilities and provide recommendations for foreign countries that have less than standard practices in terms of vetting information-sharing and security.

Former-President Trump, as many presidents before him, used section 212(f) of the Immigration and Nationality Act of 1952, which provides United States presidents the authority to restrict the entry of certain aliens or classes of aliens if he or she finds they “would be detrimental to the interest of the United States.” Since 1981, every US president has invoked this section at least once throughout their administration, but it did not become a common practice to use this particular section to impose entry restrictions to the US until the Reagan Administration.

President Biden reassured voters and policymakers who favor a tighter and more restrictive immigration policy by stating in the EO: “Make no mistake, where there are threats to our Nation, we will address them.” President Biden did just that when he extended the Trump Administration’s COVID-19-related ban on entry of foreigners residing in countries of the Schengen Area, Ireland, and the United Kingdom. This related restriction was set to expire in early February 2021 but was recertified in President Biden’s effort to control the spread of the COVID-19 virus.