16 JUNE 2021

MEMO: Biden Continues to Undo Trump Immigration Policies, Moving Forward Necessary and Humane Solutions to Address Broken System

WASHINGTON, DC - Today and in the last few weeks, the Biden-Harris administration has taken notable action to revoke and address the immigration policies of the previous president that exacerbated an already broken system. Despite Republican attempts to distract the public with narratives and photo ops centered at the border, the current administration’s full-scale approach has generated progress to create a humane, orderly and safe immigration system. 

From repurposing border wall funds to ensuring immigrant victims of violence are provided protections, the Immigration Hub breaks down the latest developments by the administration:

Expansion of Legal Pathways for Central American Children Seeking to Join Their Family in the US. The Biden administration this week announced the expansion of the Central American Minors (CAM) program, which was revived earlier this year by the administration. In 2017, former President Trump had dismantled the program that had allowed children in the region to be reunited with their parents with legal status in the United States. President Biden’s new effort on CAM allows tens of thousands of parents and children to be reunited as it expands eligibility to immigrant parents living in the U.S. with pending applications for asylum or U visas and also authorizes legal guardians to file petitions. The program’s expansion will strengthen the country’s legal immigration system and ultimately provide Central American children an opportunity to forgo a dangerous journey and instead reunite with their families safely. 

Attorney General Garland Vacates Two Cruel Asylum Cases by Trump Administration. Today, the Biden administration vacated two egregious decisions issued by former Attorneys General Sessions and Barr during the Trump administration. Abandoning decades of asylum law, Sessions and Barr used their office to ultimately foreclose the ability of families and survivors of sexual and gender-based violence and gang violence to gain protection in the United States. As part of the Trump administration’s campaign to end asylum, the decisions resulted in many people being wrongly denied protection and ordered deported to face the dangers they had fled while placing women, children, and families at risk of grave violence. With the decision vacated, women who suffered torture at the hands of their partners will no longer be turned away when they seek refuge in the United States. Families who fled death threats and kidnappings by cartels and gangs in Mexico and Central America will be able to stop running and restart their lives.

Repurposing Border Wall Funds Stolen by Trump. On his first day in office, President Biden terminated Trump’s circumvention of Congress that redirected federal funds for border wall construction, pausing all construction to the extent permitted by law and requiring the DHS and DOD Secretaries to develop plans for the appropriate use of these funds. Wasteful wall construction along the southern border diverted critical resources away from communities and caused substantial harm to tribal lands, ranches and the environment. Some segments of the 52 mile wall cost up to $46 million per mile - funds paid for by taxpayers who were struggling to pay their bills during the COVID pandemic.  

On June 11, the Administration announced it would apply these funds to strategies that facilitate fair and orderly migration at the border and keep border communities safe, including making our immigration system operate more fairly and effectively; advancing 21st Century solutions for border management; and fulfilling the Administration’s commitment to the military.

New Victims Engagement and Services Line (VESL) to Replace VOICE Office and Ensure Accountability at ICE. Also on June 11, ICE announced the launch of the Victims Engagement and Services Line (VESL), and the termination of the Victim Of Immigration Crime Engagement (VOICE) Office. While VOICE served as a racist dogwhistle against immigrants themselves, VESL will serve as a streamlined and all-encompassing access point for all who are illegally abused or treated in ICE processing, with several service options including: reporting process for victims of sexual or physical assault, abuse, mistreatment, or human trafficking in ICE detention; a notification system about custody status, case outcome, and other basic information to victims, lawyers, and others with a vested interest in the outcome of a case; and assistance for victims of child exploitation or human trafficking, local resources and social service professionals, U- and T-visa information, and training and other services provided by ICE for law enforcement agencies and community organizations.

Expansion of Work Permits for Crime Victims. On June 15, the Administration announced a new immigration policy that will expand access to work permits and deportation relief to some immigrants who are crime victims while their visa cases are pending. “U nonimmigrant status,” commonly known as the “U-visa,” is provided to victims of certain crimes including physical and mental abuse if they aid law enforcement officials in the investigation or prosecution of criminal offenses. Due to a case backlog of 269,000 in an annual program that only grants 10,000 visas, victims are forced to wait years for their cases to be adjudicated, and most don’t have access to a work permit in the interim. This new policy will provide victims who are found to have bona fide claims with the security of a work permit as they await decisions on their U visa applications. Once a U visa is secured, an individual gains work authorization and becomes eligible to apply for permanent residence after three years.

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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.