Documents Related to Biden Administration Immigration Policy

Lawfare is compiling a selection of executive actions taken by President Biden to implement his administration’s policies on immigration.

This page was last updated on Feb. 3, 2021.

Executive Order: Establishment of Interagency Task Force on the Reunification of Families (2/2/2021)

• This executive order establishes an interagency task force on the reunification of families, which will be chaired by the Secretary of Homeland Security. It further states the policy of the Biden administration is to “respect and value the integrity of families seeking to enter the United States,” and that family unity shall be protected.

Executive Order: Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border (2/2/2021)

• This executive order outlines the Biden administration’s regional immigration policy goals. This includes addressing the root causes of Central American migration, collaboratively managing regional migration, as well as restoring and expanding the asylum system.

Executive Order: Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans (2/2/2021)

• This executive order calls for an immediate review by the Secretary of State, Attorney General, Secretary of Homeland Security and other relevant agencies of the public charge ground of inadmissibility and the ground of deportability. It also lays out strategies for the Domestic Policy Council, restoring trust in the immigration system, naturalization, and revokes a 2019 Trump administration memorandum.

Memorandum: Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA) (1/20/21)

• This memorandum reaffirms President Biden’s commitment to preserving the Deferred Action for Childhood Arrivals (DACA) and protecting DACA recipients. It follows failed attempts by the Trump administration to rescind DACA guidance. The executive order is specifically directed to the secretary of homeland security and the attorney general, who have been instructed to take all actions to preserve and fortify DACA.

Proclamation: Termination Of Emergency With Respect To The Southern Border Of The United States And Redirection Of Funds Diverted To Border Wall Construction  (1/20/21)

• This proclamation rescinds a 2019 action taken by President Trump to declare a national emergency at the U.S.-Mexico border and halts construction of the southern border wall. It also directs his cabinet to work with other administration officials in order to develop a plan for redirecting funds concerning the border wall.

Executive Order: Revision of Civil Immigration Enforcement Policies and Priorities (1/20/21)

• This executive order articulates the Biden administration’s policy “to protect national and border security, address the humanitarian challenges at the southern border, and ensure public health and safety.” It revokes President Trump’s 2017 Executive Order 13768, which called for prompt removal of people living in the U.S. without documentation and withdrew federal funding from sanctuary jurisdictions.

Proclamation: Ending Discriminatory Bans on Entry to The United States (1/20/21)

• This proclamation revoked four Trump executive actions “that prevented certain individuals from entering the United States—first from primarily Muslim countries, and later, from largely African countries.” It directs the secretary of state to resume visa processing and to produce a report within 45 days including updates on progress made towards reopening the immigrant visa application process.