Immigration Executive Order are Only a pre-Trump ‘Reset’

By Nic Woods

President Joe Biden, in his first day in office, signed a slew of executive orders, memoranda and proclamations that included some attempts to overturn his predecessors’ immigration policy, which were, essentially, done with executive orders signed mainly to undo the work of his predecessor.

Just like the tit-for-tat, the policy signals in the immigration executive orders aren’t new. Much either resets immigration policy to where it was before Trump was inaugurated, or underscores what was the pre-Trump normal. 

Unlike former President Trump, Biden is signaling that he’d prefer legislation be passed to bolster the executive orders and is currently preparing a legislative package that further codifies the policy, but key Republicans have started to balk, claiming that because he was signing executive orders already, he didn’t actually mean what he said in his inaugural address about unifying, and governing, as one nation.

But Biden’s immigration asks are not that egregious. One EO basically requires the Census Bureau to do what it is already required to do by the U.S. Constitution – count every person, citizen or not. But this differs from Trump’s efforts to carve out non-citizens from the Census count. 

The main ask – a streamlined, eight-year process for an estimated 11 million undocumented immigrants to become citizens – would make the Census EO redundant, as people in the pipeline for citizenship would likely have less to fear from Immigration and Customs Enforcement officials and are more likely to be comfortable with answering a Census worker’s questions.

Many of the other immigration EOs, such as lifting the ban of travelers from Muslim nations, either returns us to “normalcy” or it brings back to the table issues Trump tried to avoid or end altogether, e.g. protection from deportation for Deferred Action for Childhood Arrivals (DACA) or programs for refugees and asylum seekers, some of whom were in mortal danger for assisting U.S. troops in such trouble spots as Iraq. 

Others overturn Trump executive orders that pushed for the aggressive deportation of unauthorized immigrants and deported Liberians who have been living in the U.S. For these, Biden has directed the State department to restart visa processing and develop ways to address the harm from having that process be in limbo for so long.

In yet another EO, Biden ends construction of Trump’s border wall in favor of bolstering the borders with new technology that does similar work at, perhaps, less cost.

What Biden isn’t doing is throwing open the U.S. borders for everyone to get in unvetted. No one wants that and, as a centrist, such an extreme position isn’t in his wheelhouse. But he seems to be making a bold move to succeed where presidents Barack Obama and George W. Bush failed by finally providing a clear, legal, more humane route to U.S. citizenship.

Other Biden first day initiatives:

 A 100-day “masking challenge” that entails mask requirements in federal buildings and on federal land, as well as public transit. Biden called for mask requirements on trains, airplanes and buses, and in public airports. 

 Establishment of a directorate for global health security and biodefense, with the goal of having protocols in place determined by past pandemics in order to be prepared for future pandemics.

At first a fan of China’s early response to COVID-19, former President Trump quickly came to criticize and then pull representation from the World Health Organization for not being tougher on the country. Other critics agreed the WHO for failing to take a tough stance on China’s slow response to early outbreaks, The Washington Post says. Thanks to Chinese bureaucracy and restrictions, the Post reports, it took nearly a year for WHO to gain access to the country, which finally happened this month. But WHO helps with worldwide distribution of medical supplies and holds regular meetings on the coronavirus, which Anthony Fauci, the top infectious disease official in the U.S., attended by webinar Thursday.

• Eviction and foreclosure moratoriums that were part of the March 2020 CARES Act were extended by Trump in December, set to expire at the end of January. Biden’s EO extends the moratoriums through September 30.

• Like the eviction and foreclosure moratoriums, Trump extended to the end of January a freeze on student loan payments otherwise due to expire with the CARES Act in late December. Biden’s EO also extends the freeze, again, to September 30.

• Trump exited the Paris Climate Agreement, which the Obama administration signed on to in 2015, calling climate change a “hoax” and claiming the international treaty was unfair to the U.S. But Biden has nominated John Kerry to a new cabinet-level position, special presidential envoy for climate, with the intention to rejoin and continue work on the treaty.

• Canada’s TC Energy’s Keystone XL pipeline has been in the works for nearly a decade, connecting Alberta’s oil sands with Montana. While some state Democrats, as well as most Republicans support the $8-billion project, Native American tribes and ecology groups have fought it since the beginning, and the U.S. achieved energy independence during the Obama administration. Biden has issued a moratorium and TC Energy has suspended its development. Biden is to meet with Canadian Prime Minister Justin Trudeau Friday.