Immigration in the Biden Administration

By Leon Fresco
April 5, 2021

Copyright © 2016 Holland & Knight LLP. All Rights Reserved

 Background

There are four main challenges facing the Biden

Administration re: immigration
» Border Emergency
» Status of the Undocumented in the United States
» Legal Immigration
» Long Term Immigration Legislation
 Border Emergency

There are four main aspects to the current border

emergency:
» Unaccompanied minors
» Family Unit Immigration
» Single Adults
» Deterrence vs. Addressing Root Causes
 Border Emergency Unaccompanied Minors

» Flores Settlement Agreement

» Trafficking Victims Protection Reauthorization Act
2008
» Title 42 Sections 265, 268 (CDC Exclusion Authority)
» Ages
» Is the minor unaccompanied?
» Where is the decision point? (At the border or before)
 Family Units?

» Exclude or don’t exclude?

» Detain or don’t detain?
» Should Remain in Mexico be used?
» What is a family unit?
 Single Adults and Deterrence vs. Root Causes

» Single adults get least sympathy from any admin

» The more families and unaccompanied children that
cross, the harder it is to address single adults

» Deterrence (e.g. asylum bans unless application occurs

abroard)
» Enlist other countries in deterrence? (yes/no)
» What is success in addressing root causes of
immigration?
˗ https://en.wikipedia.org/wiki/List_of_North_American_countries_b
y_GDP_(nominal
)_per_capita
˗ https://
www.cbp.gov/newsroom/stats/southwest-land-border-encounters/
usbp-sw-border-apprehensions
 Status of the Undocumented in the United States

» Who, if anyone can/should ICE remove

˗ Criminal convictions?
˗ Recent border crossers?
˗ Immigration fraud?
˗ Denied asylum claim?
» Will any new administrative programs be enacted?
˗ Expansion of DACA
˗ Temporary Protetced Status for more countries
˗ Paroles for people with an opportunity to earn a green card
through legal system
 Legal Immigration

» Fixing current consulate closures to avert crisis to our

universities
˗ https://travel.state.gov/content/dam/visas/Statistics/AnnualRe
ports/FY2020AnnualReport/FY20AnnualReport_TableXV_A.p
df
» Deconstructing all of the barriers to legal immigration
placed at USCIS and the State Department in the
prior administration
 Long Term Immigration Legislation
 What can congress pass?
 Dream
 TPS
 Agriculture
 Anything Else?
 Can Democrats agree to more enforcement on border?
 Changes in asylum laws?
 Incentives to apply abroad?
 Changes to how family units and unaccompanied minors are processed