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Immigration in a Biden Administration

Resources

Afghanistan
Immigration Legislation
Immigration Enforcement and Discretion
DACA/DED/TPS
Muslim and African Travel Bans
Asylum
General


Afghanistan

Information for Afghan Nationals Seeking Legal Help or Support Services

Self-Help Guide for Asylum-SeekersPenn State Law Center for Immigrants' Rights, the University of Maine's School of Law's Refugee and Human Rights Clinic, the Immigrant Legal Advocacy Project, and THRIVE International Programs.
Spanish
French
Arabic

 

Asylum Basics for Afghan Nationals, Penn State Law Center for Immigrants' Rights Clinic, PARS Equality Center, Khanbabai Immigration Law, September 14, 2021.
 


Humanitarian Parole and the Affidavit of Support: FAQ for Sponsors, Penn State Law Center for Immigrants' Rights Clinic, PARS Equality Center, Khanbabai Immigration Law, September 10, 2021.

 

 

 

Legal Pathways and Resources for Afghan Students and Scholars, Penn State Law Center for Immigrants' Rights Clinic, Curran,Berger & Kludt Immigration Law, Presidents' Alliance on Higher Education and Immigration, September 8, 2021.

 




Operation Allies Welcome Fact Sheet, U.S. Department of Homeland Security, August 29, 2021.

Afghan Parolee Support Program, LIRS, August 30, 2021.

Parole and Beyond for Afghan Nationals, Penn State Law Center for Immigrants' Rights Clinic, PARS Equality Center, and Khanbabai Immigration Law, August 30, 2021.

 

 


Parole and Beyond for Afghan Nationals Dari Translation
, Penn State Law Center for Immigrants' Rights Clinic, PARS Equality Center, and Khanbabai Immigration Law, August 30, 2021. Translation provided by the clinical program at the University of Pittsburgh School of Law.

 

 

Parole and Beyond for Afghan Nationals Pashto Translation, Penn State Law Center for Immigrants' Rights Clinic, PARS Equality Center, and Khanbabai Immigration Law, August 30, 2021. Translation provided by the clinical program at the University of Pittsburgh School of Law.

 


 

 

Afghan Parole Information Sheet, English, U.S. Department of Homeland Security, August 2021.

Afghan Parole Information Sheet, Dari, U.S. Department of Homeland Security, August 2021.

Afghan Parole Information Sheet, Pashto, Department of Homeland Security, August 2021.

Refugee Resettlement in Pennsylvania, Refugee USA Council, 2019.

Information for Afghan Nationals on Parole into the United States, U.S. Citizenship and Immigration Services, August 26, 2021.

Legal Resources for Afghans, International Refugee Assistance Project, August 21, 2021.

Afghan Legal Assistance Request Form, Human Rights First, August 2021.

Afghan Support Intake Form for those needing legal assistance, PARS Equality Center, August 2021.

Benefits for Afghan and Iraqi Special Immigrant Visa (SIV) Holders Fact Sheet, Administration for Children and Families Office of Refugee Resettlement, July 2021.

Programs and Procedures for DOD-sponsored Parole of Foreign Nationals, AILA, March 10, 2009.

Information for Lawyers and NonLawyers Seeking to Help Afghan Nationals 


Video Recording of Humanitarian Parole Training
, HIAS, September 2, 2021.

 


Slides from Humanitarian Parole Training
, HIAS, September 2, 2021.


 

Resource Document on Humanitarian Parole, HIAS, September 8, 2021.

Sample Humanitarian Parole Application Package, HIAS, August 30, 2021.

Volunteer Interpreter/Translator Form (Fluent in English and Dari and/or Pashto, Human Rights First, August 2021.

Afghan Refugee Crisis: How You Can Help, HIAS, September 1, 2021.

Training on representing Afghan clients in Special Immigrant Visa and humanitarian pathway cases, International Refugee Assistance Project, August 26, 2021. (Slides, practice guide, and other materials from the presentation available here.)

How to Help Our Afghan Allies, Lutheran Immigration and Refugee Service, August 18, 2021.

Resources for Assisting Afghan Clients, American Immigration Lawyers Association, August 2021.

Urgent: SAR survey of potential host campuses for scholars/practitioners from Afghanistan, Scholars at Risk Network, August 2021.


Immigration Legislation

Analysis of Health and Benefit Provisions in the U.S. Citizenship Act, National Immigration Law Center, March 2021.








 

Summary of Key Provisions of the U.S. Citizenship Act, National Immigration Law Center, February 2021.








 

Bill as introduced as "U.S. Citizenship Act", In the House of Representatives, February 2021.








 

Bill as introduced as "U.S. Citizenship Act", In the Senate of the United States, February 2021.








 

Section-by-Section Summary of the U.S. Citizenship Act, Updated February 17, 2021.








 

President Biden Sends Immigration Bill to Congress as Part of His Commitment to Modernize our Immigration System, January 20, 2021.







 

Briefing: President Biden's Immigration Plan, ABIC, January 2021.



 

Menendez to Lead Biden-Harris Immigration Legislation in the Senate, Bob Menendez, January 20, 2021.

 


Immigration Enforcement and Discretion

Letter by Law Professors to the DHS Secretary on Prosecutorial Discretion, August 2021.

 

 

 

 

 

Identification and Monitoring of Pregnant, Postpartum, or Nursing Individuals, U.S. Immigration and Customs Enforcement, July 1, 2021.

 

 

 

 

Prosecutorial Discretion in the Biden Administration: Part 3, by Shoba Sivaprasad Wadhia, Yale Journal on Regulation, June 5, 2021.


 

Interim Guidance to OPLA Attorneys Regarding Civil Immigrant Enforcement and Removal Policies and Priorities, U.S. Immigration and Customs Enforcement, May 27, 2021.







 

DHS Announces New Guidance to Limit ICE and CBP Civil Enforcement Actions In or Near Courthouse, U.S. Department of Homeland Security, April 27, 2021.


 

Practice Advisory for Criminal Defense Attorneys: The Biden Administration's Interim Enforcement Priorities, March 24, 2021.







 

ICE Announces Case Review Process, U.S. Immigration and Customs Enforcement, March 5, 2021.









 

Prosecutorial Discretion in the Biden Administration: Part 2, by Shoba Sivaprasad Wadhia, Yale Journal on Regulation, February 18, 2021.
 

Interm Guidance: Civil Immigration Enforcement and Removal Priorities, U.S. Immigration and Customs Enforcement, February 18, 2021.








 

DHS Statement on Equal Access to COVID-19 Vaccines and Vaccine Distribution Sites, U.S. Department of Homeland Security, February 1, 2021.




 

Rescinding the Zero-Tolerance Policy for Offenses Under 8 U.S.C. 1325(a), Office of the Attorney General, January 26, 2021.







 

AP Exclusive: DOJ rescinds 'zero tolerance' immigration rule, AP News, January 26, 2021.



 

Prosecutorial Discretion in a Biden Administration, Shoba Sivaprasad Wadhia, Yale Journal on Regulation, January 21, 2020.




 

Memorandum Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities, Department of Homeland Security, January 20, 2021. “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. …, I am directing an immediate pause on removals of any noncitizen1 with a final order of removal (except as noted below) for 100 days to go into effect as soon as practical and no later than January 22, 2021.” This memorandum also rescinds several previous immigration enforcement policies.



 

Proclamation on the Termination of Emergency with Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction, White House, January 20, 2021. This Proclamation terminates construction of the border wall.
 

Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities, White House, January 20, 2021. Executive Order 13768 of January 25, 2017 (Enhancing Public Safety in the Interior of the United States), is hereby revoked.

Biden Transition Team - Policy Recommendation on Family Detention, ALDEA, Penn State Law Center for Immigrants' Rights Clinic, January 2021.

 

 

 


 


DACA/DED/TPS

Deferred Action for Childhood Arrivals or DACA was announced by former President Barack Obama on June 15, 2012, and implemented by then Secretary of Homeland Security Janet Napolitano. The policy has enabled people who came to the United States before the age of 16 to apply for “deferred action” (a form of prosecutorial discretion) and a work permit. The program has protected nearly 800,000 people in the United States. On September 5, 2017, the former Attorney General announced that DACA would end and was followed by litigation that challenged the way DACA ended. On June 28, 2019, the Supreme Court consolidated the cases and agreed to hear the DACA rescission case. The Court issued a 5-4 decision on June 18, 2020, holding that the case could be reviewed in federal court and further that the way the Trump administration ended DACA was arbitrary and capricious and therefore unlawful. Litigation ensued. On December 4, 2020, a federal court in New York ordered DHS to restore DACA in full. On July 6, 2021, a federal district court in Texas in a separate legal case concluded that DACA is unlawful. The ruling does not affect current DACA recipients but does prevent the Department of Homeland Security from approving new DACA requests. The Biden administration has indicated that it will appeal the decision. (Updated: July 18, 2021)

Deferred Enforced Departure or DED is a discretionary decision made by the President which serves to protect designated classes of individuals from removal.

Temporary Protected Status or TPS refers to a status certain nationals may receive when their home countries face ongoing conflict, natural disaster or other extraordinary conditions. TPS was created by Congress in 1990 and codified in Section 244 of the Immigration and Nationality Act.

For archived resources on DACA from the Trump administration, visit our Immigration in the Time of Trump webpage.

Penn State Law clinic partners with admissions on resources for immigrants, Penn State News, August 11, 2021.

Penn State leaders renew calls for DACA program support; Barron urges pathway to citizenship, Centre Daily Times, July 26, 2021.

Rapid Response Briefing: The Texas Court Decision on DACA and its Implications for Higher Education, Presidents' Alliance on Higher Education and Immigration, July 22, 2021.


 

Consideration of Deferred Action for Childhood Arrivals (DACA), U.S. Citizenship and Immigration Services, July 19, 2021.

 

 

DACA in the CourtsDACA in the Courts, Penn State Law Center for Immigrants' Rights Clinic Fact Sheet, July 19, 2021

 

 

 

 

 

Penn State Law in University Park and School of International AffairsDean Wadhia's message to the Penn State Law and SIA community on DACA ruling, July 19, 2021

 

 

Penn State statement on DACAPenn State statement on DACA ruling, July 19, 2021

 

 

White House statement on DACA rulingWhite House statement on DACA, July 17, 2021

 

 

 

 

DHS statement on DACA rulingDHS statement on DACA ruling, July 17, 2021

 

 

 

Texas v. United States decisionDecision in Texas v. United States, July 16, 2021

 

 

 

Temporary Protected Status Questions, American Immigration Lawyers Association, March 19, 2021.









 

What You Need to Know about Temporary Protected Status for Venezuela, Immigration Impact, March 9, 2021.

DACA Resources, United We Dream.



 

Rapid Response Briefing: What's Next?: The Future of DACA in Regards to Litigation, Executive Action & Legislation, Presidents' Alliance on Higher Education and Immigration, January 26, 2021.


 

Consideration of Deferred Action for Childhood Arrivals (DACA) Guidelines, U.S. Citizenship and Immigration Services.


 

Memorandum for Reinstating Deferred Enforced Departure for Liberians, Penn State Law Center for Immigrants' Rights Clinic, January 25, 2021.








 

Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA), White House, Memorandum for the Attorney General and Homeland Security Secretary, January 20, 2021. The Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.

Reinstating Deferred Enforced Departure for Liberians, White House, Memorandum for the Attorney General and Homeland Security, Reinstating Deferred Enforced Departure for Liberians, January 20, 2021. The Secretary of Homeland Security extended DED protections for certain Liberians through June 30, 2022.

DACAmented Law Students and Lawyers in the Trump EraDACAmented Law Students and Lawyers in the Trump Era, issue brief from the Penn State Law Center for Immigrants' Rights Clinic and the Center for American Progress, June 7, 2018.

 

 

 

 


Muslim and African Travel Bans

On September 24, 2017, Former President Trump released a Presidential Proclamation that extended indefinitely the ban on several countries and imposed additional restrictions on other countries. The Proclamation (Travel Ban 3.0) bans all immigrants from Iran, Libya, North Korea, Somalia, Syria, Yemen as well as select visitors from these countries as well as Venezuela.

On January 31, 2020, Former President Trump expanded the Presidential Proclamation, by banning most immigrants from the following countries: Myanmar (also known as Burma), Eritrea, Kyrgyzstan, and Nigeria. The expansion also excludes immigrants from Sudan and Tanzania seeking admission under the Diversity Lottery Program.

The Department of State's 45-Day Review Following the Revocation of Proclamations 9645 and 9983 ("Muslim and African Bans"), Penn State Law Center for Immigrants' Rights Clinic, Advocate Defend Connect, Immigration Law, American Immigration Lawyers Association, March 11, 2021.







 

The Department's 45-Day Review Following the Revocation of Proclamations 9645 and 9983, U.S. Department of State, March 8, 2021.
 

Rescission of Presidential Proclamations 9645 and 9983, U.S. Department of State, January 22, 2021.




 

Proclamation on Ending Discriminatory Bans on Entry to the United States, Penn State Law Center for Immigrants' Rights Clinic, Muslim Advocates, American Immigration Lawyers Association, Advocate Defend Connect, January 21, 2021.







 

Proclamation on Ending Discriminatory Bans on Entry to The United States, White House, January 20, 2021. “The previous administration enacted a number of Executive Orders and Presidential Proclamations that prevented certain individuals from entering the United States — first from primarily Muslim countries, and later, from largely African countries.  Those actions are a stain on our national conscience and are inconsistent with our long history of welcoming people of all faiths and no faith at all. Executive Order 13780, and Proclamations 9645, 9723, and 9983 are hereby revoked.” 

Biden will end the 'Muslim Ban' on day one of his presidency but its legacy will linger, The Philadelphia Inquirer, January 20, 2021.

 

 


Asylum

Doubling Down on Deterrence: Access to Asylum Under Biden, IMUMI, WRC, Haitian Bridge Alliance, CGRS, LAWG, Witness at the Border, HRF, Asylum Access, WOLA, and the NYU Global Justice Clinic, September 2021. (en Espanol)

 

 


 

Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers, U.S. Dept. of Homeland Security & U.S. Dept. of Justice, August 20, 2021.

Fact Sheet: The Biden Administration Blueprint for a Fair, Orderly, and Humane Immigration System, The White House, July 27, 2021.

 

Termination of the Migrant Protection Protocols Program, U.S. Department of Homeland Security, June 1, 2021.








 


Statement of President Joe Biden on Refugee Admissions, White House Statement and Release, May 3, 2021.

 

Fact Sheet: DHS Announces Process to Address Individuals Outside the United States with Active MPP Cases, U.S. Department of Homeland Security, February 18, 2021.


 

DHS Announces Process to Address Individuals in Mexico with Active MPP Cases, U.S. Department of Homeland Security, February 11, 2021.




 

Executive Order on Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration, White House, February 4, 2021.
 

Executive Order on Creating a Comprehensive Regional Framework to Address Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border, Penn State Law Center for Immigrants' Rights Clinic, February 3, 2021.






 

Executive Order on the Establishment of Interagency Task Force on the Reunification of Families, White House, February 2, 2021.
 

Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border, White House, February 2, 2021.

 

AP Exclusive: DOJ rescinds 'zero tolerance' immigration rule, AP News, January 26, 2021.



 

Statement on the Suspension of New Enrollments in the Migrant Protection Protocols Program, Department of Homeland Security, January 20, 2021. The Department announced that it was ceasing the Migration Protection Protocols Program.

 


General

Immigration Policymaking in the Biden Administration webinar, Regulatory Transparency Project, July 14, 2021.


 

Biden Administration Begins This Week to Reunite Families Separated Under the Prior Administration, U.S. Department of Homeland Security, May 3, 2021.


 

A Proclamation on the Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019, White House Presidential Action, April 30, 2021.

 

ICE Continues March 2020 Guidance for the 2021-22 Academic Year, SEVIS, April 26, 2021.








 

Executive Order on Restoring Fath in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, White House, February 2, 2021.

 

President Biden Outlines Steps to Reform Our Immigration System by Keeping Families Together, Addressing the Root Causes of Irregular Migration, and Streamlining the Legal Immigration System, White House, February 2, 2021.


 

Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease, White House, January 25, 2021.

 

The Biden Plan for Securing Our Values as a Nation of Immigrants

 



 

At the Starting Gate: The Incoming Biden Administration's Immigration Plans, Migration Policy Institute, November 2020.








Improving the U.S. Immigration System in the First Year of the Biden Administration, Zolberg Institute on Migration and Mobility.


 

A Vision for America as a Welcoming Nation, American Immigration Lawyers Association, November 9, 2020.


 

 

 


Immigration Under a New Administration: Town Hall

Penn State Law Center for Immigrants' Rights Clinic and SBA Law and Equity Committee, Wednesday, November 18, 2020.

PowerPoint Slides

Recording


Speakers:
Shoba Sivaprasad Wadhia, Professor & Director of the Center for Immigrants' Rights Clinic
Fall 2020 Penn State Law Center for Immigrants' Rights Clinic Students