Biden’s Day One Executive Orders - Deportation of Undocumented Immigrants
The Biden administration has wasted no time tackling the thorny issue of illegal immigrants in our nation. In a memorandum from Homeland Security, the administration outlined several components in the way immigration enforcement will be handled when it comes to the deportation of illegal immigrants. The memorandum states in part,
“The United States faces significant operational challenges at the southwest border as it is confronting the most serious global public health crisis in a century. In light of those unique circumstances, the Department must surge resources to the border in order to ensure safe, legal and orderly processing, to rebuild fair and effective asylum procedures that respect human rights and due process, to adopt appropriate public health guidelines and protocols, and to prioritize responding to threats to national security, public safety, and border security.”
100 Day Freeze on Removals
The main component of the memorandum is the immediate 100-day pause on removals. The administration explains they are dedicated to a "fair and efficient" method of handling immigrants and asylum-seekers at the border and therefore have put a pause on deporting undocumented immigrants.
The memorandum also explains that because of the pandemic, the pause in removals will help with mitigation strategies to help contain the spread. The 100-day pause on removals went into effect on January 22. The freeze will provide protections for undocumented immigrants in the U.S. However, it will not apply to the following individuals:
● Those who are suspected of or have engaged in terrorism, espionage, or pose a danger to National Security as documented by the Director of ICE in a written notice.
● Those who were not physically present in the U.S before November 1st, 2020.
● Those who have agreed to waive any rights or protections allowing them to stay in the U.S.
New Administration Seeks Review of Immigration Guidelines
In chipping away at immigration reform in his executive order, Biden has also established that the department will undergo an in-depth review of immigration enforcement policies and priorities. To do this, the executive order stipulates that the Chief of Staff will examine the department as a whole and review the current immigration procedures, practices, and policies.
After the review process, the Chief of Staff will compile a report of recommendations covering everything from the use of enforcement personnel to how undocumented immigrants are detained and treated in detainment. The recommendations are set to be completed before the 100-day freeze is up.
Biden has also asked the department to reassess the civil enforcement guidelines. According to the memorandum, the administration explains, “Due to limited resources, DHS cannot respond to all immigration violations or remove all persons unlawfully in the United States. Rather, DHS must implement civil immigration enforcement based on sensible priorities and changing circumstances.”
Priorities that the memorandum outlines include responding to immigration violations that pose a risk to national security, border security, and public safety.
The Future of Immigration Under a Biden Presidency
The Biden administration’s long-term outlook on immigration differs drastically from that of the previous administration. Biden campaigned on a “road map to citizenship” for undocumented immigrants who are already in the states as well as expanding resources to immigrants. His stance is the polar opposite of the Trump administration, which was headstrong in building a border wall and ending programs put in place to support immigrants.
Biden has taken a more progressive approach and is well underway in reversing several Trump-era immigration policies. The most notable to-date is Biden's memorandum signed on January 20 which would help to "preserve and fortify" the Deferred Action for Childhood Arrivals program (DACA), a program the Trump administration tried numerous times to dissolve.
Between ending the "Muslim ban" and putting a pause on the border wall construction, the Biden Administration is laying the groundwork for an attempt at an overhaul in our nation's immigration policies.
