Many immigrants and immigration lawyers are wondering what the election of Joe Biden will mean for immigration reform. No one is sure yet, but we do know that Biden will likely be much more pro-immigrant and in support of immigration reform than the Trump Administration. Presidents aren’t able to change immigration laws on their own because only Congress can propose and pass laws. However, presidents do make significant changes to immigration regulations and policies. We know that because the Trump Administration has changed them about as much as possible.
First, we should ask what Biden’s platform is currently. Then, we should consider what the political realities are for implementing that platform.
Immigration lawyers are laser-focused on the particular details of a candidate’s platform. We have clients who would benefit from one policy or another. What does a President Biden want to do?
The overall tenor of President Biden’s plan is a more compassionate immigration policy that takes into consideration a balance of enforcement actions and humanitarian concerns. That means that a President Biden would likely reverse some of the immoral and controversial policies of the Trump Administration, such as separating families and punishing asylum seekers. We can also probably include the travel bans and public charge rules. It seems like that Biden and his administration will also be good faith negotiators on immigration reform. This would be a welcome change, because Trump has repeatedly expressed support for different policies only to take actions against them, such as rescinding DACA.
Biden has publicized his immigration policies. These are really campaign points and it remains to be seen what he will do on his own and what he will propose to Congress for new legislation. As a lawyer, the most impactful changes would be:
These proposals are high level policies that will impact millions of people. They aren’t detailed laws or regulations, which is to be expected. But they clearly show a compassionate and sensible response to immigration policy that would both enforce US laws and take into consideration the personal stories of people living in the US.
When a candidate proposes certain policies, it’s generally understood that they might not happen. That’s because a president of the United States has limited power. The president and propose laws and enact policies. But Congress passes laws. The President only gets to approve or veto a particular law. As a result, Presidents have limited influence in legislation.
Congress has the responsibility to create immigration laws. If immigration laws have been stagnant for years, it’s because Congress has not changed the laws. Arguably, most immigration laws have not changed for decades. President-elect Biden must work with Congress to get immigration reform passed.
Because Biden cannot go it alone, he has to depend on the House and Senate to craft and pass immigration reforms. That’s likely to be a struggle if the Senate is not controlled by Democrats. But it’s worth noting that immigration legislation has always been a challenge. Even when the Democrats held both Congress and the Presidency during the Obama Administration, very little immigration change occurred. Immigration bills are always compromises, and there is wide disagreement even within the Democratic Party about many immigration issues. As a result, it’s always a challenge to pass immigration reform.
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