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Immigration in a Biden Administration

Resources

Immigration Legislation
Immigration Enforcement and Discretion
DACA/DED/TPS
Muslim Travel Ban
Asylum
General


Immigration Legislation

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

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 June 28, 2019, the Supreme Court consolidated the cases and agreed to hear the DACA 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 ensured. On December 4, 2020, a federal court in New York ordered DHS to restore DACA to how it existed on September 4, 2012 and to post related information on their website no later than December 7, 2020. (Updated: December 10, 2020)

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.

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.


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.

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

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

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