The administration’s best case scenario is a “completely mixed case,” said Jorge Loweree, political director at the American Immigration Council. “And worst case scenario is an effective continuation of what Trump wanted.”
Republicans have continued to seize the record number of border arrests and have filed lawsuits challenging political change, hampering the administration in its attempts to carry out some of its promises.
Another Trump-era border policy that immigrant advocates and the UN have urged the Biden administration to drop also remains in force. A public health authority invoked at the outset of the coronavirus pandemic allows authorities to reject migrants encountered at the southern border of the United States, effectively preventing them from seeking asylum.
On the question of authority, known as Title 42, the Biden administration has referred to the Centers for Disease and Control Prevention, which, according to a White House spokesman, considers it necessary given the Delta and Omicron variants.
Proponents of her case have been working to make the actual transcript of this statement available online. in several discussions.
“The Biden campaign promised to welcome people with dignity, and instead we have returned to Trump’s policies,” said Karen Tumlin, lawyer, founder and director of the Justice Action Center, in a call with reporters. “This is not the change millions sought when Biden was elected.”
The White House defended the actions of the administration and the reversal of the Trump-era immigration policy.
“The President has made it clear that restoration of order, justice and humanity in our immigration system are priorities for this administration. Our immigration system is outdated and in dire need of reform; but this administration is committed to working day in and day out to provide emergency aid for immigrants and bring our immigration system into the 21st century, “a White House spokesman said in a statement.
Treatment of migrants
“Nearly eleven months since accession, this administration continues to violate U.S. asylum law and evade U.S. treaty obligations by blocking and returning asylum seekers to places where their lives and safety are at risk,” the letter said.
The continued use of the public health order is an example of the unique position the Biden administration finds itself in: tackling a pandemic and wrestling with a growing number of migrants at the southern border of the United States, many of whom are fleeing conditions at home that were deteriorating. of the pandemic.
“The crowd and emergencies have put us in a defensive stance rather than reforms and a proactive agenda,” an administration official told CNN.
Reunites children who were separated during the Trump years
Despite various setbacks, the Biden administration has made some inroads into its immigration agenda, including changing enforcement guidelines to prioritize certain undocumented immigrants for arrest and deportation, halting mass enforcement in the workplace, halting border wall construction and no longer applying controversial rules like Trump era of public tax regulation that made it harder for immigrants to obtain legal status if they used some public services.
Lawsuits stem from the policy of zero tolerance and the separation of families. For example, the American Civil Liberties Union filed a class action lawsuit in 2019 to seek compensation for the toll the separations took on families, and lawyers for families have filed separate claims.
After a constant drumming of criticism from Republicans about the ongoing conciliation negotiations, the Department of Justice this month suspended talks with attorneys for separate families.
Next year is expected to bring more court hearings, including in the class action for damages, and further changes in immigration policy, such as building asylum capacity.
These efforts are likely to continue to face the same uphill battles in the coming year.
“They have to win at this because they’re such a bad place with advocates and immigration broadly,” a source close to the White House told CNN, citing immigration restructuring. “Not delivering on this issue will be terrible for them politically.”