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Statutes of Liberty: A Man, A Plan, A Trans Am — President Biden’s Likely Moves on Immigration – Arlington, Texas

Arlington, Texas 2020-11-12 12:45:40 –

This sponsored column is by James Montana of Esq. And Dranchemin, Esq. Practice attorney at law Steelyard LLCA law firm focused on immigrants in Arlington, Virginia. The legal information provided here is by nature general. If you need legal advice, Contact James For a promise.

Joseph Robinet Biden, Jr. becomes the 46th President of the United States. What’s next for immigrants? We have some careful hedging forecasts here.

There are four main ways President Biden can influence immigration policy. Exercise of prosecution’s discretion, executive order, promulgation of regulations by various federal agencies, and support (or refusal) of legislation from Congress.

Prosecution discretion

During the Obama administration, the Department of Homeland Security concentrated its finite immigration resources on criminals, recent cross-border people, and those who threatened public security. The Trump administration has taken the opposite approach by broadening the focus of enforcement to accept almost all undocumented immigrants and at the same time trying to add enforcement power.

We expect the focus to change, but the improvement in enforcement capabilities remains. This means that even with narrow prosecution goals, the number of deportations is unlikely to decline in the medium term, regardless of whether Biden fulfills the promise of a 100-day moratorium campaign for deportation. To do.

Executive order

We believe that President Biden is likely to announce the withdrawal of the travel ban imposed under the Trump administration. The Supreme Court has intervened to suspend DACA’s revocation, but the travel ban order did not benefit the government and we believe it is unlikely that the court will act to maintain the travel ban. In fact, they did the exact opposite. The Supreme Court upholds the latest repetition of travel bans as a legitimate exercise of presidential powers, and we expect it to treat revocations in the same way.

Regulatory reversal

The Biden administration also hopes to overturn or refuse to uphold various federal regulations imposed during President Trump’s time. As our loyal ARLnow readers know, public claim rules are fiercely contested in federal court. If the proceedings are still ongoing when Biden takes office, the rules are expected to return to their pre-Trump state as the Biden administration refuses to defend the new public claim rules.

Another disputed and currently banned regulation is the increase in USCIS fees. This is an area where a complete reversal is not expected. We anticipate a modest price increase. It is an open question whether those increases will be as huge as those proposed by the Trump administration.

The Biden administration also hopes to revoke the proposed rules that prevent H-4 visa holders from obtaining work permits. An H-4 visa holder is a spouse or dependent of an H-1B visa holder. After meeting some other requirements, the H-4 spouse can apply for an employment permit. The Biden administration is likely to withdraw this proposed rule and send things back to the current state of the Obama administration.

Finally, the Trump administration recently proposed replacing the H-1B lottery with a strange auction system where applicants are ranked by salary and the next most favorable position is chosen first. The proposal is expected to sink without a trace in January.

legislation

The likelihood of comprehensive immigration reform remains low. Neither President George W. Bush nor President Obama was able to achieve that, despite the one-party rule of the legislative body. How likely is Biden and McConnell to be better?

Our predictions about legislative reform are more conservative. A legislative effort aimed at removing national restrictions on employment-based visas.

Currently, all employment-based visas have an annual allocation, depending on the category and place of birth of the immigrant. These assignments have been incorporated into immigration systems for decades, and over time their impact has become more pronounced. Immigrants from certain countries wait years, sometimes decades, before they actually get permanent residence.

For example, visas are available to Indian citizens who have a high degree and entered the visa line in September 2009. So now we have about 11 years of waiting time. By removing this country-specific restriction, we can draw talented individuals into the US labor market while eliminating decades of waiting time.

This is not a new idea. Vice President Kamala Harris has proposed a bill to lift national restrictions on employment-based visas in 2019. The bill eventually failed.

As always, we want to hear your thoughts, and we will do our best to respond.

Statutes of Liberty: A Man, A Plan, A Trans Am — President Biden’s Likely Moves on Immigration Source link Statutes of Liberty: A Man, A Plan, A Trans Am — President Biden’s Likely Moves on Immigration

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