State of the Union: Immigration Reform in President Biden's First Year

In response to President Biden's first State of the Union address, the National Immigration Forum has written a review of how the Biden administration has progressed on immigration topics in the last year. The NIF scorecard breaks their summary into five major categories, each further divided into multiple points to be addressed. The categories to be discussed are opportunities for legalization; opportunities for legal immigration; compassion for vulnerable migrants; effective border security; and enforcement of immigration law.

On the topic of opportunities for legalization, the points include DACA, Temporary Protected Status, and essential immigrant workers. Biden has issued an executive order concerning the DACA program, and has supported multiple pieces of legislation that would grant a path to citizenship to many undocumented immigrants. He has designated TPS status to several countries, and has ordered a halt on mass workplace raids by ICE. However, there are more countries in dire need of TPS status, and an ongoing court case has left the DACA program's future uncertain. The NIF has rated Biden's progress on legalization as 'fair' -- though progress has been made, much more work is left to be done.

On the topic of legal immigration, the points include restrictions on immigration programs, the green card backlog, and USCIS processing. Biden has removed many Trump-era immigration policies, including bans on Muslim countries, a complicated civics test for immigrants seeking naturalization, and a policy that would return any form sent to USCIS with blank spaces. He has also supported a measure that would reassign unused visas to countries that have hit their quota. However, the green card backlog and general waiting periods through USCIS continue to stay at high levels. The NIF has rated Biden's progress on legal immigration as 'good', with substantial progress made.

On the topic of compassion for vulnerable migrants, the points include ending family separation, asylum and refugees, and immigrant detention conditions. Biden has removed the Zero Tolerance Policy, and has established a task force to reunite families separated by the Trump administration. He has also removed many Trump-era policies that harmed thousands of asylum seekers, worked on reestablishing refugee processes, and has tried to make the asylum process easier overall. Alternatives to detention centers have been implemented, while some detention centers have been closed due to poor conditions. However, the harmful Migrant Protection Protocols (Remain in Mexico) remain in place, as does Title 42, which has sent many asylum seekers from the US without a hearing. The NIF has rated Biden's progress on vulnerable migrants as 'fair' -- though progress has been made, much more work is left to be done, especially in regards to asylum and refugees.

On the topic of border security, the points include reviews of spending on border barriers, and investments in ports of entry. Biden has ceased progress on Trump's border wall, reallocating the funds to other Department of Defense projects, and has ended many eminent domain claims along the border. He has passed legislation to increase funding to ports of entry, much of which will go to modernizing customs technology, improved screening for drugs, and staffing increases. However, many eminent domain lawsuits remain, and due to policies like Title 42, increased numbers of dangerous border crossings and deaths are still apparent. The NIF has rated Biden's progress on border security as 'fair."

On the topic of enforcement of immigration law, the points include improving the court system, enforcement priorities, and ending over-criminalization of immigrants. Biden, along with the head of Homeland Security, Alejandro Mayorkas, have designated areas that are safe from ICE intervention, such as schools and churches, and have made threats to public safety and national security their priority. Biden has also worked to improve immigration courts. However, the Remain in Mexico policy still poses a major concern to due process for asylum seekers. The NIF has rated Biden's progress on enforcement as 'good', with substantial progress made.

Overall, President Biden has made great strides towards substantial immigration reform. However, there is still considerable work to be done. Rescinding Title 42 and Remain in Mexico, continuing to reunite families separated by Trump's policies, extending the list of countries under TPS status -- these are just a start to what must be a continuing and extensive process of reforming America's flawed immigration system.

Source: https://immigrationforum.org/article/national-immigration-forum-score-card-on-president-bidens-first-year-in-office/