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How Immigration Laws are Expected to Change in 2021

The United States has been on a drastic change since the Trump Administration and it looks like this year 2021, it would change more. On November 2020, the Democratic Party won over the Republican making Former Vice President Joseph “Joe” Biden Jr. the 46th President of the United States.

This news had been not just a nationwide celebration, but welcoming news for other countries. It was no secret that President-elect Joe Biden has included the immigration laws as a part of his campaign. This means it is expected that in 2021, plenty of immigration-related matters would be turned to 180 degrees. Here are some of the immigration laws expected to change in 2021.

  • The Dreamers

Deferred Action for Childhood Arrivals (DACA) is a program founded by former President Barack Obama that aims to protect entities brought illegally to the U.S. as minors from being deported. United States Citizenship and Immigration Services (USCIS) had stopped from accepting new DACA applications under Trump’s reign.

Under the Biden Administration, the team is committed to affirming the Dreamers into a U.S. citizenship (requiring a legislative action) that was quite uncertain under Trump Administration. The Supreme Court has restored the Deferred Action for Childhood Arrivals (DACA) programs this year, however, legal battles have yet to pursue.

Regardless, the new administration should be able to officially open the process of application to fully assure protection over young children who arrived in the U.S.

  • The Unbans

Over 400 immigration executive orders have been passed under the Trump Administration that made it harder for immigrants to fly and visit the country – one of which is the Muslim Ban.

Through Biden’s orders, this can be put to an end; however, not every immigration policy can be lifted that easily since some of the regulations have gone through a rule-making process. To put an end to it, if desperately needed, the new administration must establish a replacement undergoing the rulemaking process as well.

  • The Visa Approvals

It is stated that between 2016 and 2019, immigrant visa approvals fell to an estimated total of 60% and a temporary visa also experienced the same fate. With President-elect Biden, one of his proposals is to give an easier method for lawful immigrants such as changes to Green Card / Lawful Permanent Residence requirements and renewals and the H1B Visa systems. However, given that visa approvals are the topmost priority of USCIS and Department of Homeland Security (DHS), Biden’s proposals would require legislative approval.

  • The Refugee Restoration

Trump’s administration has set an effective border for refugees and asylum seekers to prevent their entry into the United States. Although this is still uncertain and would take quite a while to put into action, President-elect Biden may increase the quota per annum for Humanitarian Immigration.

Currently, thousands of asylum seekers have been waiting in Mexico, hoping that their cases would be processed and granted. However, according to Biden’s pledge on asylum reform, guardrails are needed to simply put everyone to safety. Therefore, the Biden administration does not guarantee an immediate reopening of the border but will carefully process what might be best for refugees and asylum seekers.

Conclusion

With 2021 fast approaching and the Biden administration soon to step out officially as the President of United States, it is expected that the U.S. will turn into a new leaf. This new leaf specifically in immigration-related laws and services. Given that the Biden administration focuses on immigration and reversal of Trump’s footprints, it is safe to say that the administration still has a long way to go. Overall, change is coming this year and could mean hope for all. For more information, contact the nearest immigration lawyer in your area.

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