23 FEB 2022
Ahead of SOTU, Groups Release 2022 Immigration Priorities for the Biden-Harris Administration
New Blueprint Analyzes Year-One Actions and Outlines Critical, Immediate 2022 Measures to Fulfill Administration’s Promises for a Fair and Humane Immigration System
WASHINGTON, DC - Today, ahead of the State of the Union, 26 immigrant rights’ organizations released key immigration policy priorities for the Biden-Harris administration, 2022 Immigration Priorities: A Blueprint for the Biden-Harris Administration, detailing actions that the president should take this year to fulfill his campaign promises for a modern and fair immigration system. The report also provides a review of actions taken by President Biden and Vice President Harris in year one of their administration.
In 2021, the Biden administration laid out an ambitious immigration plan, aiming to reverse or terminate the previous administration’s egregious, anti-immigrant policies and deliver policies to humanize, modernize and strengthen America’s immigration system. President Biden has implemented dozens of policies that center a humane and safe approach to the system and revoked or eliminated 235 of the 1,000-plus policies put in place by former President Trump. However, important and immediate measures must be aggressively taken this year to reimagine and reform America’s immigration system by prioritizing the safety of refugees, asylum seekers and immigrants and routing out discrimination and anti-Blackness in the immigration system through administrative actions that range from designating Temporary Protected Status (TPS) to all eligible countries to investing in programs that respond to regional migration and humanitarian challenges, among other critical efforts.
“The Biden-Harris administration inherited a fractured immigration system, compounded with bigoted and racist policies jeopardizing the lives of immigrants, asylum seekers and refugees and our American values,” stated Sergio Gonzales, the Executive Director of the Immigration Hub. “And today, Republicans at the state level, such as Governors Ron DeSantis (FL) and Greg Abbott (TX), and in Congress are still attempting to obstruct Democrats and President Biden from moving forward much-need reforms while resurrecting destructive policies from the past, like separating families. The Biden-Harris administration must not relent and instead forge ahead with aggressive actions that both the American electorate and immigrant communities support and want to see come to fruition. TPS for Central American nations, Cameroon, South Sudan and other eligible countries, ending Title 42, expanding fairness and pathways for legal immigration, and rights-centered investments and collaboration in the Western Hemisphere to address global migration are some key steps, among others, that will help rebuild our immigration system and strengthen our country and economy for generations to come.”
Guerline Jozef, Executive Director of the Haitian Bridge Alliance, added, “The report shows that although President Biden’s administration has advanced necessary reforms, much more remains to be done to reverse the cruel policies that were created with the sole intent of targeting and discriminating against Black and Brown migrants. Haitian Bridge Alliance and partners continue to urge the Administration to acknowledge that asylum is a legal right and that immigration is a Black issue. We also urge that the administration work to address the root causes of migration in Haiti and find real sustainable ways to support people, including the building of infrastructures, to avoid internal displacement and forced migration. It is also worth noting that in one year, using Title 42, the Biden-Harris administration has deported almost the same number of people to Haiti, including pregnant women and children, as the last three presidents combined. Instead of sending the most vulnerable to lethal conditions, among other steps mentioned in the report, the Biden-Harris administration must take further action to protect Black migrants' lives, namely through designating Cameroon for temporary protected status.”
"For four years the Trump administration dismantled, undermined, and obstructed refugee resettlement. When President Biden took office, he vowed to pick up the pieces and rebuild the U.S. Refugee Admissions Program; thus far the results have been mixed, at best. We have a long road ahead to meaningfully address significant resettlement delays, the family reunification backlog, and inadequate complementary pathways for protection. At a time when we are seeing the greatest need for displacement and refugee assistance in recorded history because of war, persecution, and famine, the need for a fully supported resettlement infrastructure is more evident than ever. President Biden has the power to address many pressing needs for this historically bipartisan program, he only needs the will and investment to do so,” stated Meredith Owen, Director of Policy and Advocacy for Church World Service.
Grace Huang, co-chair of Alliance for Immigrant Survivors, also affirmed, “We appreciate the early commitments to immigrant survivors of gender-based violence that the Administration has put forth in its National Strategy on Gender Equity and Equality, and the Administration’s initial steps in trying to undo the harms of the last 5 years. There is still work to be done to realize the purpose of the protections available to immigrant survivors in the Violence Against Women Act and Trafficking Victims Protection Act, which we hope the Administration will prioritize as we move forward.”
The 2022 Immigration Priorities: A Blueprint for the Biden-Harris Administration is endorsed by twenty-seven groups. The report highlights six core immigration policy areas where the administration should take action this year:
Protection and Relief to Keep Immigrant Families Together
Continue to support and promote a pathway to citizenship for all undocumented immigrants.
Exercise discretion for individuals with meaningful ties to the United States and those who are stateless so that they are protected from removal and can maintain their residence.
Designate countries for TPS or DED when conditions prevent them from being able to care for or protect their nationals.
Continue to take all necessary steps to protect the Deferred Action for Childhood Arrivals (DACA) program for immigrant youth.
Allow individuals to apply for cancellation of removal affirmatively by creating a joint process between USCIS and the Executive Office for Immigration Review (EOIR).
Continue to pursue and expand a robust humanitarian parole program for Afghans, Central Americans, and Haitians in danger overseas and at the U.S. border.
Establish a statelessness status determination. Extend parole or deferred departure to stateless individuals and do not place them in post-removal detention because they do not have a nationality and therefore cannot be removed.
End family separation and prevent it in the future. End policies that separate children from their parents, adult family members, and trusted caregivers. Require agencies to consider the “best interests of the child” in every decision.
Reunify all children separated from their families by the previous administration and formally end family detention.
Reduce immigration backlogs by streamlining the adjudication process and terminating all policies and practices that are not required by law to address the millions of USCIS applications and petitions pending for years.
Process immigrant visas up to the categorical limits on family-based, employment-based, and diversity visas in Fiscal Year (FY) 2022, and apply any unused visas to the next fiscal year.
Routing Out Discrimination and Anti-Blackness in the Immigration System
Immediately issue invitations to Haitians qualified for the Haitian Family Reunification Parole Program.
Review all immigration-related law, policy, practice, and processes to determine whether they disproportionately impact BIPOC communities, consistent with President Biden’s executive order on advancing racial equity.
Protect and support an increase to the diversity visa program, withdraw Department of Justice’s appeal of Gomez v. Biden, and recapture the remaining approximately 40,000 unused diversity visas.
Rebuilding The U.S. Economy and Supporting Our Immigrant Essential Workers
Extend prosecutorial discretion to essential immigrant workers.
Provide prompt access to employment authorization documents for eligible applicants.
Reducing Harm By Limiting Interior Enforcement and Improving Due Process Protections In Removal Proceedings
Suspend and phase out entirely the prosecution of migration-related offenses, including unlawful entry and charges against family members and humanitarians for providing assistance and lifesaving support to immigrants in border areas.
Formally end the 287(g) and Secure Communities programs and phase out cooperation programs between federal immigration enforcement and local law enforcement, consistent with the conclusions of legal experts and 164 immigration, civil rights, and human rights organizations.
Phase out the use of detention and begin shutting down facilities in coordination with impacted families and local NGOs. End all contracts with private detention contractors, and place a moratorium on all expansion.
Commit to providing legal counsel at no cost to every pro se individual and all vulnerable people, including unaccompanied children, people with a mental disability, and others who need legal support to ensure a fair hearing.
Review the current roster of EOIR and Board of Immigration Appeals (BIA) judges to determine if they are sufficiently qualified and committed to fairness for immigrants.
Review current immigration litigation and settlement negotiations before the federal circuit courts and EOIR to determine if Office of Immigration Litigation (OIL) and Immigration and Customs Enforcement (ICE) attorneys are taking positions consistent with the Biden administration. If not, direct OIL and ICE attorneys to settle cases favorably for immigrants or pursue administrative closure or termination of removal proceedings to keep families together.
Efforts and Challenges to Restoring the Asylum System and Humanitarian Protection at the Border
Terminate the Title 42 expulsions policy and the Migrant Protection Protocols and permanently reopen the Customs and Border Protection (CBP) Ports of Entry to asylum seekers.
Resettle 125,000 refugees in FY2022, consistent with the Presidential Determination on Refugee Admissions, and increase the Western Hemisphere regional allotment by adding at least 5,000 of the unassigned resettlement spots there.
Improve asylum processes so that they are fair and timely.
Addressing the Root Causes of Migration and Promoting Regional Collaboration
Take a whole-of-government approach to the region and pursue a hemispheric “Americas Migration Accord” built around a set of agreed-upon principles for regional responsibility sharing.
For more information, please contact Beatriz Lopez at beatriz@theimigrationhub.org. Read the full report here.
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The Immigration Hub is a national organization dedicated to advancing fair and just immigration policies through strategic leadership, innovative communications strategies, legislative advocacy and collaborative partnerships.