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Biden Takes Steps to Reverse Trump Enforcement Priorities

1/20/2021

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Biden Issues Order Reversing Several Key Trump Administration Civil Immigration
​Enforcement Priorities
Wednesday, January 20, 2021
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President Biden
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.

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Biden Order Ends Construction of Border Wall

1/20/2021

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Biden Issues Proclamation Ending "Immigration Emergency" and Halting Construction of
​Trump's Border Wall
Wednesday, January 20, 2021
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President Biden
President Joseph R. Biden, Jr. issued a proclamation today terminating the emergency with respect to the Southern Border of the United States that was declared by President Trump and redirecting funds that President Trump diverted to border wall construction..  The action, embodied in Presidential Proclamation 10142, was one of six migration-related first-day actions taken by the new president.   This particular one asserts that the national emergency declared by President Trump will no longer be used to construct a wall at the southern border of the United States.
As a technical matter today's Proclamation terminates the emergency declared in President Trump's Presidential Proclamation 9844, and continued in several subsequent actions, is terminated and that the authorites invoked in that proclamation 

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Biden Extends DED for Liberians

1/20/2021

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Biden Extends Deferred Enforced Departure for Liberians Living in the United States
Wednesday, January 20, 2021
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President Biden
President Joseph R. Biden, Jr., today directed his Administration to reinstate Deferred Enforced Departure (DED) for Liberians living in the United States.   

Today's order was one of six migration-related first-day actions taken by the new president.  This particular one is embodied in a Presidential Memorandum to the Secretary of State and Secretary of Homeland Security.  It must be implemented by an order published in the Federal Register, a step that is expected to be completed next week.
In the Memorandum, President Biden asserts, "I have determined that it is in the foreign policy interests of the United States to defer through June 30, 2022, the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who was under a grant of DED as of January 10, 2021. I have also determined that any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who was under a grant of DED as of January 10, 2021, should have continued employment authorization through June 30, 2022. ​"

The Deferred Enforced Departure program covers around 4,000 Liberians who have lived in the U.S. for many years and for whom returning would be unsafe due to conditions in their country.  President Trump declined to renew Liberian DED.

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Biden Reverses Trump "Muslim Ban"

1/20/2021

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Biden Issues Proclamation Reversing
​Trump "Muslim Ban"
Wednesday, January 20, 2021
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President Biden
President Joseph R. Biden, Jr. issued a proclamation today undoing former President Donald J. Trump's ban on migration to the United States of persons from a number of mostly Muslim-majority and African countries.  ​The action, embodied in Presidential Proclamation 10141,was one of six migration-related first-day actions taken by the new president.  This particular one effectively revokes the Trump-era policy that was widely referred to as the "Muslim Ban."
As a technical matter, Wednesday's action by the new president revoked four different actions taken by President Trump: Executive Order 13780 of March 6, 2017 (Protecting the Nation From Foreign Terrorist Entry Into the United States); Presidential Proclamation 9645 of September 24, 2017 (Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats); Presidential Proclamation 9723 of April 10, 2018 (Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats); and Presidential Proclamation 9983 of January 31, 2020 (Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats).  ​

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Biden Reverses Trump Census Actions

1/20/2021

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Biden Takes Action to Reverse Trump Actions on the Undocumented and the 2020 Census
Wednesday, January 20, 2021
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President Biden
President Joseph R Biden, Jr. issued an executive order today reversing former President Donald J. Trump's effort to exclude the undocumented from being considered for the purposes of apportioning seats in the U.S. House of Representatives.  The action, embodied in Executive Order 13986, was one of six migration-related first-day actions taken by the new president.
The new President's actions revoked two Trump-era measures: Executive Order 13880 of July 11, 2019 (Collecting Information About Citizenship Status in Connection With the Decennial Census), and the Presidential Memorandum of July 21, 2020 (Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census).

In the executive order, aimed at the Secretary of Commerce, the official who administers the decennial census, the President ordered that "the Secretary shall use tabulations of population reflecting the whole number of persons whose usual residence was in each State as of the census date, without regard to immigration status, in reports provided to the Governor and officers or public bodies having responsibility for legislative apportionment or districting of each State."

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Biden Moves to "Fortify" DACA on First Day in Office

1/20/2021

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Biden Moves to Undo Trump's Attempts to
​Rescind DACA
Wednesday, January 20, 2021
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President Biden
President Joseph R. Biden moved today to preserve and fortify the Obama-era Deferred Action for Childhood Arrivals (DACA) program, directing the Secretary of Homeland Security, in consultation with the Attorney General, to "take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA."  The action, embodied in a Presidential Memorandum  was one of six migration-related actions taken by the new president on his first day in office.
​The Presidential Memorandum commends the DACA program, asserting the persons who have been protected by it "were brought to the United States as children, have obeyed the law, and stayed in school or enlisted in the military."   Continuing, it asserts that "DACA reflects a judgment that these immigrants should not be a priority for removal based on humanitarian concerns and other considerations, and that work authorization will enable them to support themselves and their families, and to contribute to our economy, while they remain. 

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