2021 Immigration Reform, DACA, and DAPA

President Obama tried to expand the program but was sued by several states. The case reached the Supreme Court and the court upheld the nationwide injunction.

President Trump discontinued the program after he was elected. The Supreme Court ruled that the termination of the program did not follow proper procedures. The current administration is standing by its decision to terminate the program. However, it is accepting renewal applications for applicants who previously had approved petition.

President-elect Biden has vowed to reinstate the program after his election. He has also promised an expansion of the benefits under the program. The plan also makes recipients eligible for student loans and Pell grants. He will be able to make these changes through executive orders since President Obama and President  Trump established and dissolved the program through executive orders.

Deferred Action for Parents of United States Citizens and Lawful Permanent Residents (DAPA):

This program was an attempted expansion of President Obama’s 2012 order. The 2014 expansion added to the 2012 program with regards to DACA eligibility. The DAPA program was targeted towards undocumented immigrants with children who are United States citizens or lawful permanent residents.  The order stated the following requirements to qualify:

• Be the parent of a US citizen or a lawful permanent resident.
• Must have lived in the US as of January 1, 2010.
• Have been present in the United States as of the date of the order.
• The applicant should not have any legal status as of the date of the order.
• Have not been convicted of a criminal offense including felonies and misdemeanors.

President-elect Biden can revive this program using executive orders. As I stated above, states might sue to stop the program. However, the Supreme Court’s recent decisions regarding executive power when it comes to immigration give us hope. An executive order to resurrect DAPA and DACA might withstand a constitutional challenge.

Comprehensive Immigration Reform in 2021:

I have discussed President-elect Biden’s plan in an extensive way in this post.  The two programs I discussed above can be established very rapidly through executive orders. However, comprehensive immigration reform is 2021 seems less likely now that President-elect Biden will not have a clear majority in the United States Senate. So if the Democrats win the two run-off elections in Georgia, the chances of comprehensive reform in 2021.

Biden’s Plan has several points, which I will now summarize. It revolves around three points, modernizing the immigration system, reasserting commitment to asylum seekers, and tackling the causes of migration, and implementing effective border screenings.

Biden wants to reform the immigration system by creating a path to citizenship for undocumented immigrants. He also wants to reform the temporary visa programs in the United States to retain highly educated immigrants. Lastly, he wants to expand protections under the Violence Against Women Act and victims of crimes.

Biden’s plan also wants to reassert America’s commitment to asylum seekers. This plan would surge the numbers of asylum officers. It will also restore asylum eligibility for victims of domestic violence and those fleeing political persecution. Lastly, the plan will increase the number of immigration judges, end for-profit detention centers, and increase the number of refugees to the United States.

Lastly, Biden’s immigration plan includes tackling the root causes of migration and implementing effective border screening. This part of the plan will include working with leaders of the triangle where most undocumented immigrants come from.

As I mentioned, President-elect Biden could implement the first two programs through executive orders. However, this mechanism is subject to attack in courts.  Biden will be better served by working with Congress to implement  Comprehensive Immigration Reform in 2021.