President Biden indicates not only that he is eager to reverse Trump-era immigration policies with his early executive actions, but also that he is willing to go beyond the Obama administration.
A trio of orders signed by Biden last week are attempting to make up for the Trump administration’s policies by creating a task force dedicated to reuniting 545 children with their parents.
Biden also ordered a revision of his predecessor’s prosecution rule, which limited immigration options for those who might need to rely on government support, such as food stamps or other social programs.
But it was Biden’s call for a thorough overhaul of the asylum and naturalization process – along with a promise to try to address the root causes of Latin American migration – that excited immigration advocates.
“We are not only reversing Trump’s policies, which were superficial and ideological at best, but we are going beyond the Obama administration,” said Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund.
“It certainly provides a much more refined look at the refugee and asylum issues for the Western Hemisphere than we have seen,” he added.
Biden’s new policy places a particular focus on the Northern Triangle, the nickname given to neighboring Guatemala, Honduras and El Salvador, where migration patterns have rivaled those of Mexican nationals in recent years.
The “root causes” strategy Biden is calling for would channel aid to strengthen democracy, fight gang violence and boost the economy.
“This is a much more sophisticated look at seeing the problem from the root causes and an acknowledgment that the root causes in the Northern Triangle are partly US-driven,” Saenz said.
That seismic shift from enforcement to aid has been hailed by many immigration experts as a more realistic long-term approach.
“We are now in a situation where we can no longer lead with heavy-handed enforcement and we need to change our approach, and I think what we have seen from the administration is an absolute recognition of that,” said Jorge Loweree, policy director. at the American Immigration Council.
Others argue that the policy, which differs from the Obama years, will prove more cost-effective than recent border security measures, in addition to doubling as foreign aid.
“Starting a Marshall Plan for Central America is a lot cheaper than building a wall or hiring immigration officials. It could provide jobs and security in Central America that could turn off the taps for refugees coming to the US instead of building more shells, ”said Domingo Garcia, president of the League of United Latin American Citizens.
Proponents say Biden isn’t just proposing policies beyond the Obama years; he is also setting a new tone on immigration and setting higher goals.
One of his orders calls for strengthening the inclusion of recently naturalized citizens, a nod to potentially lowering the fees and testing requirements associated with becoming a citizen.
There are also signs that the Biden administration could deviate from the Obama years by enacting policies that make it easier to come to the US, such as instructing the government to consider removing those fleeing domestic violence or gang violence to apply for asylum. Current legislation only protects those fleeing discrimination based on race, religion, political views and other protected classes.
Biden also called for the revival of another program that the Trump administration aimed to eliminate, a program that would allow minors from the Northern Triangle to apply for refugee status.
But Biden’s orders, along with a comprehensive immigration bill that Biden sent to Congress that would provide about 11 million immigrants with an eight-year path to citizenship, are sparking backlash among some Congressional Republicans.
“Through these actions, President Biden has sent the message loud and clear to the world that our immigration laws can be violated without consequence,” said House Oversight and Reform Committee leader. James ComerJames (Jamie) R. ComerBiden’s Immigration Policy Looks Beyond Reversing Trump Investigate Capitol attack (R-Ky.).
“This radical, far-left immigration policy will continue to enable the humanitarian crisis at the border, put more children at risk if they are dangerously transported to the southern border, encourage more illegal immigration and undermine the rule of law,” he added. .
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Garcia said Democrats will now be tested to show that their policies are sensible.
“One of the attacks Republicans have on Democrats is that Democrats are for open borders. We have to show that we are not for open borders, but for legal immigration in an orderly manner, ”he said.
Immigration advocates argue that Biden’s plans are a direct response to what they see as Trump’s failures.
“The past four years of asylum policy have been based on the premise that if we find a way to make it as difficult as possible and increase the hardships people have to endure to get to us, people will give up or never be the first We’ve even gone so far as to take children away from their parents on the southern border, but we’re seeing more and more people coming, ”said Loweree.
“It speaks about the conditions people face in their home country. People wouldn’t run that kind of risk if staying in their home country wasn’t such a dangerous proposition, ”Loweree added.
That’s where lawyers see an opportunity for Biden to treat the border differently than Trump did.
Biden’s order calls for the expansion of shelter networks “to meet the immediate needs of those who have fled their homes to seek protection elsewhere in the region.”
From Saenz’s perspective, the US has some responsibility for contributing to a militarized Northern Triangle that is now creating refugees.
“We have contributed a lot to those conditions, and not only with our drug policy, but also with our immigration policy,” he said.
“Pretty much everyone who leaves wants to get out of that situation because it is so dangerous, and that is as true in a war atmosphere as in Syria as in the violent conditions of the Northern Triangle,” he added.
Loweree argued that Biden should go beyond reuniting families who were separated during the Trump years.
“They should also think carefully about some sort of compensation fund to recover for the damage they suffered from the previous government,” he said.
Still, Loweree said the Biden administration has already made major strides in a short space of time.
“The reality is that they have done a lot. They have now been in office for two weeks and have done an extraordinary amount of work in the field of immigration. It is indicative of a new era, ”he said.