Trump vs. Biden Election Will Dictate Immigration Policies for Decades

Posted on 09/29/20

As the 2020 presidential candidates prepare for a night that will directly challenge them on where they stand on key issues, millions will be tuning in a debate like no other. As the coronavirus pandemic continues to ravage the nation, Americans are looking forward to seeing what plans each candidate has for the future of our country. No matter your choice this November, your constitutional right to vote remains pinnacle for the perseverance of our democracy. Our team is committed to highlighting the key issues that impact our clients and community. Attorney Welcome has advocated for thousands of immigrant’s rights and the America he aspires to live in welcomes leaders who will improve the lives of those pursuing their American dream.

Both candidates are proposing two drastically different visions for undocumented immigrants and the immigration system. As the 2020 election approaches its final weeks, the next president will dictate the fate of millions of immigrants for years to come. As congress’s failure to provide adequate policymaking to improve our legal immigration system, executive authority has continued to retain dominance on immigration policies. The absence of congressional oversight on the executive has led President Trump’s administration to crack down on immigration, limiting most forms of legal immigration, and curtailing The United States humanitarian aid for refugees. If re-elected, these issues will only continue to plague the immigration system as President Trump will have the time to move past stalled court rulings, effectively implementing all his policies.

The Biden Plan for America, which was recently highlighted in our election edition newsletter is the polar opposite of President Trump’s. Inheriting a system that has been in disarray for decades will be challenging. The coronavirus pandemic left an unchecked executive authority to implement some of the most discriminatory immigration practices to date. Restrictive policies on asylum claims, wealth tests for green card applicants, the shattering of refugee programs will all test Biden’s capabilities.

The Department of Homeland Security (DHS) which is in charge of implementing immigration policies has seen numerous officials question even the possibility of unwinding every regulation, inviting a long effort if Biden were to be elected. “There has been such demolition of our traditional immigration system under this administration, that the biggest challenge will be deciding where to begin rebuilding first,” León Rodríguez, the former U.S. Citizenship, and Immigration Services (USCIS) officially stated. Senior Biden advisers stated that the vice president would take swift actions on President Trump’s horrific policies but conceded that it will take time and various court battles.

Policies that have been instituted through federal regulations will be much more challenging to scrap relative to travel bans on African and Asian countries. These changes could be swift if adequate leadership is present. The Biden-Harris ticket will need to appoint an attorney general who will be able to commit and effectively disassemble the shameful immigration policies of their predecessors. Committing to overturning precedent-setting decisions such as the restriction of asylum seekers from domestic and gang violence will take a tenacious leader. “Stated policies are fairly easy to reverse, from a practical perspective,” Rodríguez said. “Regulations present a bit more complicated case. Most of the regulations that would be of concern to a Biden administration are the subject of legal challenges. And so, the status of those legal challenges will play a big role in what strategy a Biden administration would choose.”

While Biden will face immense pressures from the progressives and the like, Vice President Biden still have to answer for the Obama era immigration policies that have remained unpopular with immigrant rights organizations. Even if Biden is elected, getting rid of President Trump’s regulations will be difficult and they are likely to endure. Returning to Obama-era immigration policies will not be acceptable, and the Biden administration would have to completely reshape their approach to the detention and deportation immigrants while separating himself from the Obama administration’s policies.

“Biden needs to undo the harm, make advancements to decrease the level of enforcement, and create other opportunities for people to get status,” Javier Valdés, an adviser to the Biden campaign stated. , “When I say undo the harm created by the U.S. government towards immigrant communities, I’m not just saying what happened under Trump. Yes, it was on steroids, but this has been a historical issue.”

The Obama-Biden administration also implemented shameful immigration practices that targeted immigrants through the means of Immigration and Custom Enforcement agents. Even President Trump was unable to compete with the nearly 400,000 immigrants in a single year that were deported. Under his tenure, deportations have been reduced to just about 175,000 a year. The ICE deportation machine was built by the Obama-Biden administration and Trump simply continues their legacy of mass deportation.

Reversing President Trump’s policies that targeted migrants and clogged up immigration courts across the country should be of the highest priority. To revitalize the American economy, a Biden PResident should welcome immigrants. Trump’s outright war on migrants throughout his tenure must come to an end.

When immigrating to the United States, you need an experienced legal advocate by your side. Attorney James A. Welcome has spent nearly two-decades fighting on behalf of undocumented immigrants across the world. Entrusted by thousands, Attorney Welcome has taken all actions possible to secure the rights of undocumented immigrants, while reaching favorable outcomes. Your case doesn’t stop because of government restrictions or the coronavirus pandemic. At the Law Office of James A. Welcome, we offer secure no-hassle video consultations so that you don’t even have to leave your home. Our goal is to keep you safe while pursuing your case. Contact our team today at (203) 753-7300.