Have Any Immigration Laws Changed Yet? Part 1
Have Any Immigration Laws Changed Yet?
One of President Joe Biden’s campaign promises is that he would overhaul the U.S. immigration system. Legal analysts have expected there to be law and policy changes regarding DACA, family separation at the U.S.-Mexico border, deportation priorities, and more.
While we are all excited about the prospect of immigration reform, these things will take bipartisan cooperation, a lot of litigation, and time.
We have created this “Have Any Immigration Laws Changed Yet” series to cut through the frequent media and news reports. We will bring you a weekly update and explain which immigration laws and policies have actually changed and the implications of each.
This information is for general and educational purposes. As always, you should consult with an experienced immigration attorney about your specific circumstances. Two people with similar cases and backgrounds may have two very different results.
We would love to discuss your case with you! Contact the Holland Law Firm, PLLC at (832) 328-7877 or submit an online form at www.hollandimmigrationlaw.com to schedule your initial consultation today.
Immigration Policy Update- February 3, 2021
On Tuesday, February 2, 2021 President Joe Biden signed 3 executive orders regarding immigration. This article will discuss the first executive order signed on February 2nd.
Q. What is an executive order?
A. The president can direct governmental agencies to take certain actions; however, executive actions can't create new laws — they have to exist within the constraints of the Constitution and existing statute.
For example, President Obama created the DACA program through executive order. Congress did not pass any particular legislation regarding undocumented individuals brought to the United States as children.
So, President Obama directed the Department of Homeland Security to accept DACA applications and temporarily stop the deportation of Dreamers. The DACA program did not grant any permanent legal status. It did not change any immigration laws. Only Congress can create and amend laws.
1. Rescinding the Zero-Tolerance Policy for Offenses Under 8 USC 1235
The executive order officially ended the “Zero Tolerance” policy and created a task force to reunite children separated from parents at the U.S.-Mexico border.
The “Zero Tolerance” policy required prosecutors to charge every misdemeanor case referred for prosecution under 8 USC 1225, including entry to the United States without proper documentation.
Before this policy individuals could still be deported; however, they were typically not separated from their children and prosecuted in federal court.
Q: Why is this news?
A. Back in April 2018 Trump announced a “Zero Tolerance” policy intended to increase criminal penalties for adults who entered the United States illegally. Between April 6, 2 018 and June 20, 2018 more than 3,000 children where separated from their parents at the U.S.-Mexico border.
On June 20, 2018 Trump announced the end of parent-children separations; however, he did not end the Zero Tolerance” policy.
Q. How does this executive order fall short?
A. This executive order falls short in at least two areas. First, while the zero tolerance memo is a good start, what is really needed is for Congress to repeal provisions authorizing criminal penalties for illegal entry.
Secondly, there weren’t sufficient or consistent mechanisms in place to properly track and match separated children with their parents back in 2018. The creation of a task force to reunite children is a great PR move and an attempt to reclaim U.S. morality; however, it will be terribly difficult to reunite children separated over 2 years ago from parents.
Lastly, the executive action does not address whether parents who have been deported will be given special protections to come back to the United States to reunite with their children.
Want to Know More?
Coming Up:
Executive Order eliminating is the Migrant Protection Protocols (Signed February 3, 2021)
