Biden Issues Order Reversing Several Key Trump Administration Civil Immigration
Enforcement Priorities
Enforcement Priorities
Wednesday, January 20, 2021
President Joseph R. Biden, Jr. issued an executive order today reversing a number of civil immigration enforcement policies put into place by former President Donald J. Trump. The action, embodied in Executive Order 13993, was one of six migration-related first-day actions taken by the new president. This one effectively reverses a policy that expanded enforcement priorities within the U.S. to include broad categories of immigrants, rather than prioritizing efforts that targeted immigrants with serious criminal convictions. |
As a technical matter, Wednesday's action by the new president revoked former President Trump's Executive Order 13768 of January 25, 2017 (Enhancing Public Safety in the Interior of the United States).
The order, further, directs the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Director of the Office of Personnel Management, and the heads of any other relevant executive departments and agencies (agencies) to undertake a review of any agency actions developed pursuant to the Trump executive order and take action, including issuing revised guidance, as appropriate and consistent with applicable law, that advances the policy set forth in the Biden executive order.
The order, further, directs the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Director of the Office of Personnel Management, and the heads of any other relevant executive departments and agencies (agencies) to undertake a review of any agency actions developed pursuant to the Trump executive order and take action, including issuing revised guidance, as appropriate and consistent with applicable law, that advances the policy set forth in the Biden executive order.
In justifying the new president's action, the Executive Order declares that "Immigrants have helped strengthen America’s families, communities, businesses and workforce, and economy, infusing the United States with creativity, energy, and ingenuity."
Continuing, it asserts that "The task of enforcing the immigration laws is complex and requires setting priorities to best serve the national interest." President Biden declares within the order that "The policy of my Administration is to protect national and border security, address the humanitarian challenges at the southern border, and ensure public health and safety. We must also adhere to due process of law as we safeguard the dignity and well-being of all families and communities. My Administration will reset the policies and practices for enforcing civil immigration laws to align enforcement with these values and priorities."
Continuing, it asserts that "The task of enforcing the immigration laws is complex and requires setting priorities to best serve the national interest." President Biden declares within the order that "The policy of my Administration is to protect national and border security, address the humanitarian challenges at the southern border, and ensure public health and safety. We must also adhere to due process of law as we safeguard the dignity and well-being of all families and communities. My Administration will reset the policies and practices for enforcing civil immigration laws to align enforcement with these values and priorities."