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Incumbent Tenure
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Joe Biden's immigration policy is primarily based on reversing many of the immigration policies of the previous Trump administration. During his first day in office, Biden reversed many of Trump's policies on immigration, such as halting the construction of the Mexican border wall, ending Trump's travel ban restricting travel from 14 countries, and an executive order to reaffirm protections for DACA recipients. [1] [2] [3] The Biden administration and Department of Homeland Security, under leadership of Alejandro Mayorkas, dramatically reined in deportation practices of Immigration and Customs Enforcement (ICE), prioritizing national security and violent crime concerns over petty and nonviolent offenses. [4] However, Biden has also faced criticism for extending Title 42, a Trump administration border restriction that arose due to the COVID-19 pandemic, as well as restarting the use of expediting families in Central America, which can cause families to be sent back in weeks, compared to years for an average immigration case. [5] In the fiscal year 2021, the US Border Patrol confirmed more than 1.6 million encounters with migrants along the US-Mexico border, more than quadruple the number in the previous fiscal year and the largest annual total on record. [6] In January 2023, Biden announced a program to strengthen the admission of immigrants from Cuba, Haiti, Nicaragua, and Venezuela, while at the same time his administration will crack down on those who fail to use the plan's legal pathway and strengthen border security. [7] In May 2023, the Biden Administration approved sending 1,500 more troops to the U.S.-Mexico border following Title 42's expiration. [8] [9]
On June 23, 2023, the U.S. Supreme Court ruled that a Biden Administration immigration policy which involves the deportation of people deemed public safety threats or who were picked up at the border could be enforced. [10] The ruling also upheld the prosecution of people who encourage illegal immigration. [11]
Over 86 million people have immigrated to the U.S. legally since 1783, [12] making immigrants a foundation to U.S. foreign policy. Immigration policies have changed from president to president, although most policies have closely aligned towards Democratic and Republican party values, depending on the president's associated political party.
Immigration to the United States is the international movement of non-U.S. nationals in order to reside permanently in the country. Immigration has been a major source of population growth and cultural change throughout much of U.S. history.
In absolute numbers, the United States has a larger immigrant population than any other country, with 47 million immigrants as of 2015. This represents 19.1% of the 244 million international migrants worldwide and 14.4% of the U.S. population. Some other countries have larger proportions of immigrants, such as Switzerland with 24.9% and Canada with 21.9%.
On January 20, 2021, soon after his inauguration, Biden halted the construction of Trump's Mexican border wall, [2] ending the national emergency declared by the Trump administration in February 2019. [3]
Biden also ended the Trump travel ban, a series of three executive orders imposed by Donald Trump on 14 countries, most of them Muslim, in January 2017. [2] [3]
Biden also reaffirmed protections to DACA recipients and urged Congress to enact permanent protections for the 700,000 undocumented immigrants benefited by the policy. [1]
The same day, Biden sent a memorandum to the Department of State reinstating Deferred Enforced Departure (DED) for Liberians, deferring the deportation of any "person without nationality who last habitually resided in Liberia, who is present in the United States and who was under a grant of DED as of January 10, 2021" until June 30, 2022. [13] [14]
The administration also issued a pause on deportations from the Department of Homeland Security for the first 100 days of Biden's presidency. [15]
On January 22, 2021, Texas Attorney General Ken Paxton sued the Biden administration on the grounds of violating Biden's written pledge to cooperatively work with the State of Texas. [16]
On January 26, 2021, federal judge Drew B. Tipton blocked the Biden administration's 100-day deportation memorandum, citing that the state of Texas would indeed "suffer imminent and irreparable harm" and the restraining order requested by Paxton would not harm the administration nor the public. [17]
In January 2022 the Biden administration deported Venezuelan migrants to Colombia without a chance to seek asylum after entering the United States from Mexico. The U.S. Department of Homeland Security declared it would deport Venezuelans to Colombia “on a regular basis", limited to migrants that resided in Colombia previously. [18] In October, the Biden administration invoked Title 42, a Trump era measure, to expel Venezuelan migrants to Mexico. [19] Amnesty International and Human Rights Watch criticized the decision. [20] [21] On November 15, 2022, the United States District Court for the District of Columbia ruled that expulsions under Title 42 were a violation of the Administrative Procedure Act and that it was an “arbitrary and capricious" violation of the Act. [22] The ruling required the United States government to process all asylum seekers under immigrant law as previous to Title 42's implementation. [22] The ruling was celebrated by the ACLU, a plaintiff in the case. [22] [23]
In January 2022, Biden called Mexican President Andrés Manuel López Obrador to speak about immigration, where Biden spoke of reducing immigration from Mexico to the United States by targeting the root causes, [24] including $4 billion to aid development in El Salvador, Guatemala, and Honduras. [25]
The U.S. Border Patrol made more than 1.7 million arrests of migrants crossing the U.S.-Mexico border illegally in fiscal year 2021, the highest number ever recorded. [26] [27]
On January 21, 2021, Biden proposed a bill that, if passed, would replace the word "alien" with "noncitizen" in United States immigration law. [28] [29]
On January 23, 2021, Biden introduced an immigration bill to Congress. [30] As introduced, the bill would give a path to citizenship to 11 million undocumented immigrants currently living in the United States. The bill will also make it easier for foreign workers to stay in the U.S. It is likely the bill will be significantly more modest as it goes through Congress. [2] [31] [32]
On February 4, 2021, Biden signed an executive order aimed at rescinding some of Trump's immigration policies. [33] It also called for a review to determine whether Afghan and Iraqi applicants for the Special Immigrant Visa were unduly delayed. The order also called for a report on the effect of man-made Climate change on environmental immigration to the United States. It reversed a 2019 executive order restricting federal funding for the resettlement of refugees unless state and local governments to consent to it. However, a federal judge already struck down the order in January 2020.
Biden said that he planned to raise the annual refugee admissions to 125,000 in fiscal year 2022, [33] but on April 16, 2021, he signed an executive order maintaining the historically low cap on refugees set by the Trump administration (15,000 per year). [34] Facing criticism over the decision, the administration backtracked and announced plans to increase the refugee cap by May 15. [35] As of April 2021, Biden was on track to accept the fewest refugees of any modern president, resettling only 2,050 refugees at the halfway point of fiscal year 2021. [36]
In fiscal year 2022, the Biden administration resettled 25,465 people through the U.S. Refugee Admissions Program, followed by 60,014 refugees in fiscal year 2023. [37] For fiscal year 2024, the refugee cap was once again set at 125,000. [38]
On February 7, 2021, Biden began the implementation of new guidelines for Immigration and Customs Enforcement agents, forbidding or restricting them from seeking out deportations on the basis of "drug based crimes (less serious offenses), simple assault, DUI, money laundering, property crimes, fraud, tax crimes, solicitation, or charges without convictions," as stated by Tae Johnson, the acting director of ICE, instead prioritizing "violent behavior, well-documented gang affiliations," and a record of child abuse, murder, rape, and major drug infractions. [4] Deportations merely on the basis of at least 10-year old felonies or "loose" gang affiliations would also be prevented. The guidelines also required permission from the director of ICE for agents to arrest suspects outside of jails and prisons. As of February 7, the guidelines are awaiting confirmation from Secretary of Homeland Security Alejandro Mayorkas.
On February 27, 2021, the Biden administration moved to expand the government's capacity to house migrant children as it attempts to respond to an increase in border crossings of unaccompanied minors, notably by its re-opening of a temporary influx holding facility in Carrizo Springs, Texas. [39]
In January 2022, ICE reached a settlement in a class-action suit in Bakersfield, CA with advocates for health safety measures in the ICE detentions and agreed to pay $4 million in plaintiff's attorney costs. [40]
The Biden administration issued an executive order restoring an Obama-era policy repealed by Trump that grants asylum to apprehended migrants fleeing domestic or gang violence, allowing them to stay in the United States while their case is being reviewed. [41]
On March 24, 2023, President Biden and Canadian Prime Minister Justin Trudeau announced tougher immigration policies for people traveling through the Canada-U.S. border after revising the Safe Third Country agreement. [42] Trudeau confirmed that the new policy would go into effect that midnight. [42] Under the new agreement, Canada will be allowed to send migrants who cross at unofficial ports of entry at America's northern border back to the U.S., while the U.S. will also be able to turn back asylum seekers who travel across the border from Canada. [42] In return, Trudeau agreed to allow 15,000 more people from the Western Hemisphere to migrate to Canada legally. [42]
Effective May 11, 2023, the Biden administration issued new restrictions on asylum seekers at the Mexican border to discourage people arriving at the border illegally. [43] DHS and DOJ finalized a new rule effective after the end of Title 42 to further incentivize individuals to use lawful, safe, and orderly pathways. [44] [45] The rule presumes those who do not use lawful pathways to enter the United States are ineligible for asylum and allows the United States to remove individuals who do not establish a reasonable fear of persecution or torture in the country of removal. Noncitizens can rebut this presumption based only on exceptionally compelling circumstances. The ACLU immediately challenged the rule as a continuation of a previous Trump administration rule that was enjoined in 2018. [46] [47]
In response to the series of executive orders signed on February 4, 2021, intended to rescind former President Donald Trump's policies regarding refugees and resettlement, Republican Senator Tom Cotton of Arkansas argued that Biden's relaxed immigration policy would "put American jobs and safety at risk during a pandemic." [33] Cotton also argued in a Fox & Friends interview that "A lot of these migrants that are coming, we have no way to screen their backgrounds for either health or for security" in response to the Biden administration, a claim debunked by PolitiFact. [48] In March 2021, the immigration policy of United States President Joe Biden continued to draw criticism after a series of pictures emerged of a crowded detention facility housing migrant children. Democratic U.S. Representative Henry Cuellar released photos from the migrant facility in Donna, Texas, which showed children in an overcrowded border facility. Cuellar claimed the children were being held in “terrible conditions”. Cuellar said the facility consists of “pods” that can hold up to 260 people. Cuellar said one particular pod housed 400 boys. [49]
President of the Lutheran Immigration and Refugee Service Krish O'Mara Vignarajah commended Biden's eight-fold increase of the refugee cap, stating that it would save the lives of "hundreds of thousands fleeing violence and persecution." [33]
As many as 160 criminal justice and immigration advocacy groups, however, wrote and signed a letter arguing Biden simply reversing Trump's immigration policies would not be enough to achieve comprehensive immigration reform and racial justice, citing equally harmful immigration policies enacted during the Bush and Obama administrations such as Operation Streamline. [50] Jacinta Gonzalez, representing Mijente, criticized Biden's initial immigration policy, arguing that "[Biden] said he would phase out private prisons but didn't end contracts with private detention centers where most immigrants are being locked up," in reference to Biden's termination of federal contracts with private prisons. Activists also referenced the Biden-Sanders Unity Task Forces, a group intended to bridge the divide between the moderate and progressive wings of the party, whose recommendations included the end of "mass prosecutions of individuals who cross the border without regards to the facts and circumstances of their cases, through practices like Operation Streamline, that deny individuals their right to a fair hearing and due process," as well as the decriminalization of illegal immigration and prioritization of services to provide economic and humanitarian aid to undocumented immigrants. The groups also stated that several of the Trump administration's policies, most notably the family separation policy, had yet to be reversed by the president despite it being within his power.
In January 2023, advocates would condemn Biden's more tougher approach to immigration which involves plans to strengthen Title 42 deportations for immigrants who crossed the Southern U.S. border. [51]
In response to Biden's order on February 7, 2021, an anonymous ICE official chafed that the Biden administration had "abolished ICE without abolishing ICE [...] The pendulum swing is so extreme. It literally feels like we've gone from the ability to fully enforce our immigration laws to now being told to enforce nothing." [4] Other ICE officials and agents argued that said changes were more dramatic than even Biden promised during his campaign. On the other hand, former acting director of ICE under the Obama administration, John Sandweg, commended the actions, criticizing the Trump administration's policies as authoritarian and distracting from violent criminals, and drawing the comparison that "No one judges the FBI by the number of arrests they make. They judge them by the quality of arrests." [4]
A Morning Consult poll released in March 2021 found that 49% of American voters disapproved of Joe Biden's immigration policy with only 40% approving. Overall, 70% of Democrats and 11% of Republicans approve of Joe Biden's immigration policies. [52] Another poll by The Associated Press-NORC Center for Public Affairs Research released in April 2021 found that 42% of Americans approved of Joe Biden's immigration policies with 74% of Democrats and 10% of Republicans approving. In addition, 74% of African Americans, 50% of Hispanics, and 34% of white Americans approve of Biden's immigration policy. [53] In a February 2023 Gallup poll, 33% of Americans approved of Joe Biden's immigration policies, with 62% of Democrats, 31% of Independents, and 6% of Republicans approving. [54]
A February 2024 Monmouth poll found that 26% of Americans approved of Biden's handle on immigration while 71% disapproved. [55] In a Marquette poll taken that same month, 54% of Americans said that Biden's predecessor, Donald Trump, would do a better job handling immigration compared to 26% who preferred Biden. [56]
Biden has hoped to continue the progress that has been made in U.S. immigration policy before the Trump administration. Biden stated in 2021 his plans to further progress the U.S. immigration system through pushing for policies that will make the pathway to citizenship easier for immigrants. These policies would include temporary legal status for undocumented immigrants, giving them the ability to apply for green cards after a couple of years. [57] Pathways to citizenship are a small part of Biden's planned immigration policy. Biden said he plans to reverse the damage done by the Trump administration and plans to create a task force designed to specifically reunite and keep separated families back together, that were affected by the Trump administrations immigration policies. [58] President Biden also plans to lighten enforcement on the public charge, which previously denied immigrants green cards if they were to use government aided services. [59]
Immigration to the United States has been a major source of population growth and cultural change throughout much of its history. In absolute numbers, the United States has by far the highest number of immigrants in the world, with 50,661,149 people as of 2019. This represents 19.1% of the 244 million international migrants worldwide, and 14.4% of the United States' population. In 2018, there were almost 90 million immigrants and U.S.-born children of immigrants in the United States, accounting for 28% of the overall U.S. population.
U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from cross-border crime and illegal immigration that threaten national security and public safety.
The Mexico–United States border is an international border separating Mexico and the United States, extending from the Pacific Ocean in the west to the Gulf of Mexico in the east. The border traverses a variety of terrains, ranging from urban areas to deserts. The Mexico–U.S. border is the most frequently crossed border in the world with approximately 350 million documented crossings annually. It is the tenth-longest border between two countries in the world.
Foreign nationals (aliens) can violate US immigration laws by entering the United States unlawfully or lawfully entering but then remaining after the expiration of their visas, parole, or temporary protected status. Illegal immigration has been a matter of intense debate in the United States since the 1980s.
The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.
A sanctuary city is a municipality that limits or denies its cooperation with the national government in enforcing immigration law.
The United States government holds tens of thousands of immigrants in detention under the control of Customs and Border Protection and the Immigration and Customs Enforcement (ICE). Immigrants are detained for unlawful entry to the United States, when their claims for asylum are received, and in the process of deportation and removal from the country. During Fiscal Year 2018, 396,448 people were booked into ICE custody: 242,778 of whom were detained by CBP and 153,670 by ICE's own enforcement operations. A daily average of 42,188 immigrants were held by ICE in that year. In addition, over twelve thousand immigrant children are housed by facilities under the supervision of the Office of Refugee Resettlement's program for Unaccompanied Alien Children. Prior to referral to these other agencies, the CBP holds immigrants at processing centers; between mid-May and mid-June 2019, it held between 14,000 and 18,000 immigrants.
The 2014 American immigration crisis was a surge in unaccompanied children and women from the Northern Triangle of Central America (NTCA) seeking entrance to the United States in 2014. According to U.S. law, an unaccompanied alien child refers to a person under 18 years of age, who has no lawful immigration status in the U.S., and who does not have a legal guardian to provide physical custody and care.
Immigration policy, including illegal immigration to the United States, was a signature issue of former U.S. president Donald Trump's presidential campaign, and his proposed reforms and remarks about this issue generated much publicity. Trump has repeatedly said that illegal immigrants are criminals.
The United States family separation policy under the Trump administration was presented to the public as a "zero tolerance" approach intended to deter illegal immigration and to encourage tougher legislation. In some cases, families following the legal procedure to apply for asylum at official border crossings were also separated. It was officially adopted across the entire US–Mexico border from April 2018 until June 2018. Under the policy, federal authorities separated children and infants from parents or guardians with whom they had entered the US. The adults were prosecuted and held in federal jails or deported, and the children were placed under the supervision of the US Department of Health and Human Services. More than 5,500 children, including infants, were removed and up to 2,000 still have not been reunited as of March 2024.
Family detention is the detention of multiple family members together in an immigration detention context. In the U.S. they are referred to as family detention camps,family detention centers, or family detention facilities.
The Trump administration has detained migrants attempting to enter the United States at the United States–Mexico border. Government reports from the Department of Homeland Security Office of Inspector General in May 2019 and July 2019 found that migrants had been detained under conditions that failed federal standards. These conditions have included prolonged detention, overcrowding, and poor hygiene and food standards. The beginning of the policy is falsely attributed to the Trump administration, beginning in the Presidency of Barack Obama.
The Mexico–United States bordercrisis is an ongoing migrant crisis in North America concerning the migration of undocumented immigrants from Latin America through Mexico and into the United States.
Drew Barnett Tipton is a United States district judge of the United States District Court for the Southern District of Texas.
Remain in Mexico is a United States immigration policy originally implemented in January 2019 under the administration of President Donald Trump, affecting immigration across the border with Mexico. Administered by the Department of Homeland Security, it requires migrants seeking asylum to remain in Mexico until their US immigration court date.
Federal policy oversees and regulates immigration to the United States and citizenship of the United States. The United States Congress has authority over immigration policy in the United States, and it delegates enforcement to the Department of Homeland Security. Historically, the United States went through a period of loose immigration policy in the early-19th century followed by a period of strict immigration policy in the late-19th and early-20th centuries. Policy areas related to the immigration process include visa policy, asylum policy, and naturalization policy. Policy areas related to illegal immigration include deferral policy and removal policy.
The state of Texas has a long history of immigration and immigration policy. The region that is now Texas was originally home to several Native American tribes. The first European immigrants arrived in the 1600s when the land was colonized by the French and the Spanish. Financial incentives created by the Mexican government brought many immigrants to Mexican Texas in the 1820s, mostly from slaveholding areas in the southern United States. This continued as significant illegal immigration to Mexico after 1830, when American migrants were banned.
After the 2010 Haiti earthquake, the United States enabled a Temporary Protected Status (TPS) for Haitians currently residing in and those that would take refuge in the United States within a year of the earthquake. This would allow Haitians protection from the instability Haiti experienced due to the earthquake. However, Haitians that did not meet the requirements for the TPS or had committed one felony/two misdemeanors, were deported. These deportations have been continuous for the last decade.
The U.S. Citizenship Act of 2021 was a legislative bill that was proposed by President Joe Biden on his first day in office. It was formally introduced in the House by Representative Linda Sánchez. It died with the ending of the 117th Congress.
A Title 42 expulsion is the removal by the U.S. government of a person who had recently been in a country where a communicable disease was present. The extent of authority for contagion-related expulsions is set out by law in 42 U.S.C. § 265. During the COVID-19 pandemic, the Trump administration used this provision to generally block land entry for many migrants. This practice was initially continued by the Biden administration before the program was ended with the end of the COVID-19 national emergency in the United States. Title 42 of the United States Code includes numerous sections dealing with public health, social welfare, and civil rights, but, in the context of immigration, the phrase "Title 42" came to be used to refer specifically to expulsions under section 265.
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