President biden
Joe BidenPompeo: Re-entering the deal with Iran would make the Middle East “less secure”. he is finding it increasingly difficult to undo his predecessor’s immigration regulations, while the government is facing a sudden increase in migrants on the southern border.
Trump officials have implemented about 1,000 different immigration measures, according to figures compiled by the Immigration policy monitoring project, creating a complex and time-consuming process for an administration looking to turn the page in the Trump era.
The government is trying to unravel these rules in the face of immediate challenges. Saturday night staff said the Federal Emergency Management Agency will launch a 90-day effort to deal with the flow of unaccompanied migrant children on the United States’ border with Mexico.
The change comes amid a government plea for patience on the immigration front.
“We cannot undo four years of actions by the previous government overnight. These actions have not only neglected our immigration system; they intentionally made it worse. When you add a pandemic to that, it’s clear that it will take a significant amount of time to overcome, ”said Roberta Jacobson, President Biden’s southern border czar, at a press conference at the White House last week.
In four years, the Trump administration has effectively prevented asylum seekers from entering the United States, limited access to the green card for those who need public assistance, terminated protections for immigrants who came to the United States in the midst of unrest in their home countries. origin and created new administrative obstacles for those looking to migrate or become citizens.
Lucas Guttentag, a professor at Stanford University who runs the Immigration Policy Tracking Project, said that one of the Trump administration’s overall goals was “to stop things by adopting new restrictions, new requirements, enacting new regulations and pursuing endless policies and directives. . ”
This is often achieved, he said, through internal methods, such as memos, guidance documents and legal advice, or through a longer regulatory process.
“Undoing all of this requires, in each policy, an assessment of what the replacement should look like, what are the legal requirements to change it and what are the operational and logistical challenges for implementing a new policy,” said Guttentag, who served as a senior adviser in the Department of Homeland Security (DHS) during the Obama administration.
He said that the task facing the Biden government is “bureaucratic archeology” to unravel each policy and the multiple ways in which it may have been implemented.
Jorge Loweree, policy director for the American Immigration Council, said that Trump officials also used a layered approach, combining orders and regulations to adopt a duplicate approach in some policies.
“It was a kind of approach with all of the above, using all the power levers available to the executive branch to short-circuit the entire system,” he said.
“Each of these systems will require a deliberative process on the part of the new administration to protect them from legal challenges.”
The Biden government has already taken a series of steps to reverse Trump’s legacy on immigration, launching a new system to process asylum applications for those waiting in Mexico and eliminating the public billing rule that would limit green cards to those who need them assistance.
But this is just the tip of the iceberg, and the government has already blocked other immigration efforts.
A federal judge in Texas suspended Biden’s first major immigration order, which sought to freeze deportations during his first 100 days in office.
“The government tried to do something categorical, tried a 100-day moratorium on deportations to give itself some breathing space,” said Margo Schlanger, a law professor at the University of Michigan and a DHS officer for civil rights and civil liberties under the Obama administration.
Meanwhile, the number of seizures on the southern border increased by 28% in February, to more than 100,000 people, according to the United States Border Patrol.
Most prisoners are being quickly expelled from the United States under a Trump-era policy that allows for rapid deportation to protect themselves against the coronavirus, a policy that many immigration advocacy groups want to see eliminated.
Biden’s struggles with immigration also extend to Congress.
The president has not yet named the heads of DHS agencies, and the government’s plan to provide a path to citizenship for the approximately 11 million people who already live in the U.S. has been put aside by House Democrats, who focus on two bills that would offer citizenship to a smaller group.
The existing legal challenges to Trump’s immigration policies give the Biden government another way to reverse the regulations, although many are likely to be stuck in litigation for some time.
This means that many of the Trump era regulations will need to be reversed in the same way that they were implemented. While previous internal memos can be easily rescinded, regulations are likely to need to be replaced by new ones, often requiring a regulatory process that can take months, if not years.
Although internal directives can be replaced more easily, increasing pressure on the border adds practical obstacles in addition to legal ones.
“Making changes has effects on the ground, and you have to figure out how you are going to manage those effects,” said Schlanger.
“If you end family detention, you are not going to end families that come to the border and seek admission, so you have to have systems that can intervene and prosecute those families. If you end the Mexico stay program, you will have that reservoir repressed with people seeking admission to the United States. It’s not just normal migration patterns or asylum seekers, it’s all months and months and months of people ready to enter as soon as you say they can, ”she added.
Some advocates want Biden to speed things up by undoing not only Trump-era policies, but others that date back even before former President Obama.
Chris Newman, legal director of the National Day Laborer Organizing Network, said the Biden administration could have acted “yesterday” to dismiss agreements from years ago that allow local police to carry out some immigration measures.
But he also wants the government to act more quickly in reversing positions in lawsuits.
The Biden government has already convinced the Federal Supreme Court to challenge the public prosecution rule and another one to the previous one. President Trump
Donald TrumpPompeo: Re-entering the deal with Iran would make the Middle East ‘less secure’. DNC prepares to push in mid-term Biden struggles to unravel Trump’s web of immigration rules MOREthe company policy that obliges migrants to wait for their asylum cases to end in Mexico.
But there is a pending challenge to the Trump administration’s attempt to revoke Temporary Protection Status (TPS) for individuals from El Salvador, Haiti, Nicaragua and Sudan.
“They could admit that the Trump administration’s actions in relation to the TPS were unconstitutional. They could reverse the position in legal proceedings and reach an agreement and grant concessions, ”said Newman.
But those who ask for patience, like Loweree of the American Immigration Council, say the government needs to act carefully to ensure that its policies are valid in the courts.
“Working to protect as much as possible of any changes to legal action on the front end is critical to ensuring that the changes that management works to implement really last over time,” he said.