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President Biden's Executive Orders on Immigration So Far & other Immigration News for January 22, 2021

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Peri B. Edelman | January 22, 2021

This week we had a change in Administration. Here are some of the exciting events that transpired after the Biden inauguration:

President Biden Sent a Comprehensive Immigration Reform Bill to Congress Shortly After Being Sworn Into Office

The proposed legislation, titled the U.S. Citizenship Act of 2021, is delineated as the following:

  1. Pathway to a green card for Deferred Action for Childhood Arrivals (DACA) recipients
  2. Pathway to a green card for beneficiaries of Temporary Protected States (TPS)
  3. Pathway to citizenship in 8 years (has not be elaborated as of yet)
  4. Extension of non-immigrant visa programs such as providing dependents of H-1B visa holders employment authorization, and preventing children under the age of 21 from “aging out” of the system
  5. Formulate plans to spend $4 billion over four years to address corruption, poverty and other issues in El Salvador, Guatemala and Honduras that have forced citizens there to seek refuge elsewhere. This is intended to slow the migration in Central America, where migrants have fled by the thousands to the U.S. in recent years
  6. Investment in border security

Many immigrants are excited about the proposed legislation. However, it will be an uphill battle. Now, the Democrats hold a slim majority in the House, and will have control of the Senate, but with a 50-50 split of lawmakers. The bill will need 60 votes to overcome the filibuster in the chamber -- meaning that 10 Republicans would need to get on board.

Currently, there are many immigration laws that exist that benefit immigrants without status to obtain a green card. Please contact my office to discuss the options.

President Biden's Executive Orders on Immigration So Far

  1. President Biden has ratified the Deferred Action for Childhood Arrivals (DACA) program for 4 years.
  2. President Biden has revoked the Trump administration’s plan to exclude non-citizens from the census count.
  3. President Biden has blocked the deportation of Liberians who have been living in the United States.
  4. President Biden has reversed Trump’s travel ban which blocked travel to the United States from 13 primarily Muslim and African countries. President Biden has directed the State Department to restart visa processing for individuals from the affected countries and to develop ways to address the harm caused to those who were prevented from coming to the United States because of the ban.
  5. President Biden has also halted construction of Trump’s border wall with Mexico. The order includes an “immediate termination” of the national emergency declaration that allowed the Trump administration to redirect billions of dollars to the wall. It says the administration will begin “a close review” of the legality of the effort to divert federal money to fund the wall.

This newsletter is a general information regarding recent changes in immigration law. Every matter is different. If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.