President Biden is signaling not only a yearning to reverse Trump-era immigration policies with his first executive actions, but also a willingness to go beyond the Obama administration.
A trio of orders signed by Biden last week seeks to fix the Trump administration’s family separation policy by establishing a task force dedicated to reuniting 545 children with their parents.
Biden also ordered a revision of his predecessor’s public charging rule, which limited immigration opportunities for those who needed government help, such as food stamps or other social programs.
But it was Biden’s call for a comprehensive overhaul of the asylum and naturalization process – along with a promise to try to address the roots of migration in Latin America – that excited immigration advocates.
“We are not only reversing Trump’s policies, which were, at best, superficial and ideological, but we are going beyond the Obama administration,” said Thomas Saenz, president of the Mexican-American Legal and Educational Defense Fund.
“It certainly presents a much more sophisticated view of refugee and asylum issues for the Western Hemisphere than we have seen.”
The new Biden government policy places a particular focus on the Northern Triangle, a nickname given to neighbors Guatemala, Honduras and El Salvador, where in recent years migration patterns have rivaled those of Mexican citizens.
The “root causes” strategy that the Biden order requires would channel aid to strengthen democracy, fight gang violence and boost the economy.
“This is a much more sophisticated view of looking at the problem from the root causes and an acknowledgment that the root causes in the Northern Triangle are partly caused by the United States,” said Saenz.
This seismic shift from enforcement to aid is being 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 application and our approach needs to change, and I think what we have seen from the government is an absolute recognition of that,” said Jorge Loweree, director of policies at the American Immigration Council.
Others argue that the policy, which differs from the Obama years, will be more economical than the recent border security measures, in addition to doubling as foreign aid.
“Starting a Marshall plan for Central America is much cheaper than building a wall or hiring immigration officers. It can provide jobs and security in Central America, which could turn off the tap for refugees arriving in the United States, instead of building more bathtubs, ”said Domingo Garcia, president of the League of Citizens of Latin America United.
Supporters say Biden is not just proposing policies that go beyond the Obama years; he is also taking a new tone on immigration and setting higher goals.
One of his orders calls for strengthening the inclusion of newly naturalized citizens, a nod to the potential reduction in fees and associated testing requirements to become a citizen.
There are also signs that the Biden administration may diverge from the Obama years by approving policies that facilitate coming to the United States, such as instructing the government to consider giving those fleeing domestic or gang violence the ability to apply for asylum. The current law protects only those who escape 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, which allows minors in the Northern Triangle to apply for refugee status.
But Biden’s orders, along with a comprehensive immigration bill sent to Congress that would provide an eight-year path to citizenship for some 11 million immigrants, are stirring up reactions among some Republicans in Congress.
“Through these actions, President Biden has sent the message loud and clear to the world that our immigration laws can be violated without consequences,” said the member of the House Oversight and Reform Committee ranking. James ComerJames (Jamie) R. ComerHouse Oversight requests information from the Secret Service on threats of extremist violence after the Capitol rebellion 9/11 panel requests increase to investigate the Capitol attack. (R-Ky.).
“These radical and far-left immigration policies will continue to allow the humanitarian crisis on the border, put more children in danger by being taken dangerously to the southern border, encourage more illegal immigration and undermine the rule of law.”
Sen. Josh Hawley
Joshua (Josh) David HawleyDaines tries to block Haaland’s confirmation from Interior. Hawley’s wife files a complaint against a protest organizer outside her home. 2024 Republican candidates draw early battle lines for the post-Trump era MORE (R-Mo.), Which delayed Senate confirmation from the Secretary of Homeland Security Alejandro Mayorkas
Alejandro MayorkasDaines tries to block Haaland’s confirmation to the Federal Interior cybernetic agency by reevaluating his role in combating electoral misinformation GOP warns Biden on hold until after impeachment MORE by preventing his nomination, said the Biden nominee
he did not explain “properly how he will enforce federal law and protect the southern border”.
Garcia said Democrats will now be tested to show that their policies are reasonable.
“One of the attacks that Republicans have on Democrats is that Democrats defend open borders. We have to show that we are not in favor of open borders, but in orderly legal immigration ”.
Immigration advocates argue that Biden’s plans are a direct response to what they see as Trump’s failures.
“The last four years of asylum policies have been based on the premise that if we find a way to make it as difficult as possible and increase the difficulties that people have to endure to reach us, people will either give up or never enter first, put. We have reached the point of removing children from their parents on the southern border, but we are seeing that people are still arriving, ”said Loweree.
“This shows the conditions that people face in their country. People would not face this type of risk if staying in their home country was not such a dangerous proposition. “
That’s where defenders see a chance for Biden to treat the border differently than Trump.
Biden’s order provides for the expansion of shelter networks “to meet the immediate needs of individuals who have fled their homes in search of protection in other parts of the region.”
From Saenz’s point of view, the United States has some responsibility for contributing to a militarized North Triangle that is now creating refugees.
“We contribute a lot to these conditions, and not just with our drug policy, but with our immigration policy,” he said.
“Almost everyone who is leaving wants to get out of this situation because it is very dangerous, and this is just as true in a war atmosphere as Syria as in the violent circumstances of the North Triangle.”
Loweree argued that Biden needs to go further than reuniting families that were separated during the Trump years.
“They also need to think hard about some type of compensation fund to make up for the damage they faced in the previous government,” he said.
Still, Loweree said the Biden government has already made great strides in a short space of time.
“The reality is that they did a lot. They have been in office for two weeks and have done an extraordinary job in the area of immigration. It is an indication of a new era. “