In the previous chapter, Multiple Courts Prevent President Trump from Repealing DACA, we discussed the public reaction to DACA, and how various courts stopped President Trump from rescinding DACA. The plans and policy for a new administration are discussed next as President-Elect Biden brings a promised change to immigration policy, namely DACA.

The End of a Difficult Era for Immigrants in the United States

The ‘Trump Era’ of immigration policy was one of exclusion and unimaginable consequences. During the last four years, some of the ethnic and religious targeting by the Trump administration included:

• Banning people from majority-Muslim countries from entering the US (multiple times)
• The attempted end of DACA
• The family separation policy at the US/Mexico border
• Illegally holding migrant children in hotels away from their families
• Threatening to withhold federal funding from “sanctuary cities”
• A proposed $200 million effort to increase the use of denaturalization (the process to take a naturalized person’s citizenship away)

President Trump met numerous legal challenges to his proposed actions relating to immigration law and policy. His first two attempts to ban people from majority-Muslim countries, for example, were shot down by federal judges, and his third version of the ban ended up being barely upheld in a 5-4 Supreme Court decision. President Trump’s family separation policy has to this day resulted in over 500 kids being separated from their parents without any idea of how to reconnect them due to lost information. Many of these hardline immigration ideas originated from President Trump’s Senior Adviser on immigration issues, Stephen Miller. Mr. Miller is known to have far right and anti-immigration political stances, and another four years of Trump/Miller policies would have likely forever altered the immigration landscape of the United States. President-Elect Biden offers a different approach and different perspective on immigration in the United States and promises a significant change in immigration policy.

President Biden Promises Change in American Stance on Immigration

President-Elect Joe Biden during his campaign announced his plan for “securing our values as a nation of immigrants.” In reviewing Biden’s immigration plan, he first openly recognizes that: 

“unless your ancestors were native to these shores, or forcibly enslaved and brought here as part of our original sin as a nation, most Americans can trace their family history back to a choice—a choice to leave behind everything that was familiar in search of new opportunities and a new life.” 

He also specifically pointed out that “Trump has waged an unrelenting assault on our values and our history as a nation of immigrants. It’s wrong, and it stops when Joe Biden is elected president.” President-Elect Biden promises to pursue immigration policies that are fair, just, and help grow our economy while safeguarding our national security. He promises to:

• Take quick action to undo President Trump’s damage
• Modernize America’s immigration system
• Welcome immigrants into our communities
• Restore America’s commitment to refugees and those seeking asylum
• Investigate the reasons for irregular migration
• Adopt effective border screening measures

As many immigration measures can be adopted and controlled by Executive Order from the President, President-Elect Biden promises to undo many Trump era measures within the first 100 days of a Biden administration. While these measures don’t fix everything overnight, they do symbolize a significant change in immigration policy in the United States going forward.

President Biden’s Pledge to Protect DACA and DREAMers

During his time as Vice President, Biden advocated for the creation and expansion of DACA under President Obama. He also promoted for the Deferred Action for Parents of Americans (DAPA), and the Central American Minors Program. This program allowed parents (originally from Central America) who had legal status in the United States petition to bring their children from Central America to live with them. A Biden administration promises to protect DREAMers and their families. He believes that DREAMers and their families should have a roadmap to citizenship under legislative immigration reform. Since that is not happening at the moment, Biden plans to remove any uncertainty by reinstating DACA as President. He also plans to (for the first time) allow dreamers to seek federal Pell grants along with student loans. He proposes to provide access to community college debt free and invest in minority educational institutions. Immigration advocates want Biden to expand DACA even further, specifically pushing for Biden to allow for Medicaid benefits and lay out a pathway for citizenship for DACA recipients. While these ideas have not been directly addressed or promised by Biden, they are important issues relating to DACA and could find success in a Biden administration. These initiatives and plans are part of President-Elect Biden’s overall pledge to protect DACA and DREAMers. 

A Plan to Restore America’s Commitment to Asylum-Seekers and Refugees

Our borders have effectively closed to asylum seekers and refugees in the past three years. The closing of the borders in relation to asylum seekers and refugees has only made their trip to the United States more dangerous. It has resulted in people attempting to cross into the United States in irregular and dangerous ways instead of the normal, legal ways at a port of entry. President-Elect Biden pledges to restore America as a leader in helping those who are refugees or seeking asylum and plans to:

• Implement efficient reviews of to determine asylum applications
• Restore the ability of domestic survivors to seek asylum
• Apply American process and asylum laws in dealing with people fleeing political persecution
• Double the overall number of immigration court staff, judges, and interpreters
• End detention facilities that are for profit
• Increase our cap on refugees

Biden plans to set the annual global refugee admissions limit to 125,000 people and will to seek to responsibly raise it over time, responding to global need. A major problem with the asylum and refugee application process is that it is outdated and slow, as is the entire American immigration system as a whole. These actions seek to update the system and make it more efficient, as part of President-Elect Biden’s plan to restore our commitment to asylum seekers and refuges and reinforce our nation as a whole as a proud nation of immigrants.

Now What?

DREAMers have faced incredible uncertainty and unnecessary fear under the Trump administration’s anti-immigration policies and actions. On January 20, 2021, former Vice President Joe Biden will officially take office as the 46^th President of the United States. As discussed above, he plans to bring sweeping changes to the policy and stance of the federal government as it relates to immigration in the United States. Thankfully, the worst appears to be over for DREAMers and those who are eligible to receive benefits under DACA. Now that DACA’s future appears to be safe under a Biden administration, you might wonder now what? After all of the lawsuits, public outcry, and resilience of those who fought for DREAMers, it is now important to take a look at the current status and eligibility requirements of DACA. This is discussed in the next chapter: Who is Eligible for DACA?