Friday, February 12, 2021

The Biden Administration and Immigration Reform

After four years of the Trump administration’s hyper-aggressive immigration measures, Joe Biden ran for President promising dramatic change to U.S. immigration law and enforcement.  He quickly moved to change the direction of the nation’s immigration policies.  Whether President Biden ultimately succeeds will have big impacts on California, which has the largest population of immigrants of any state in the Union.

In his first days in office, Biden presented an immigration reform proposal with a path to legalization for undocumented immigrants, as well as relief for recipients of the Deferred Action for Childhood Arrival (DACA) policy, placed a moratorium on removals, eliminated the Muslim ban, and more.  By so doing, Biden has made it crystal clear that immigration is a top priority of his administration.

California, with 11 million immigrants (25 percent of the nation’s foreign-born persons) and need for labor in the agricultural industry – who are no less than essential workers during the coronavirus pandemic – stands to richly benefit from immigration reform.  Growers have consistently complained about the inability to find a reliable supply of labor.  A path to legalization, as well as possible guest worker programs, could well provide that labor.  A durable labor force made possible by immigration reform would benefit the state’s economy as well as ensuring that fruit, vegetables, and dairy products are available throughout the pandemic.

But as with many complex issues, the most important and durable changes to the immigration laws will be the most difficult to secure.  Presidential actions will only get the nation so far.  What is needed is a meaningful and far-reaching reform of the immigration laws, not tinkering at the margins in ways that will not remedy the serious problems in the nation’s immigration system.

Although the near-universal assessment is that the current immigration system is “broken,” Congress for decades has failed to pass immigration reform.  Biden will need to rely on his decades of experience as a Senator to persuade Congress to pass reform.  Whether through a single or many bills, only Congress can accomplish comprehensive immigration reform.  Only Congress can create a path to legalization for undocumented immigrants that more closely aligns with the labor needs of the nation. 

By making reform a priority out of the gate, Biden is not repeating the mistake of President Barack Obama, who put off immigration reform until his second term.  Instead, during his first term the Obama administration escalated removal efforts so that record numbers of noncitizens – roughly 400,000 – were removed each year, earning the moniker “Deporter-in-Chief” among immigrant rights advocates. 

To secure immigration reform, a bipartisan approach will be necessary.  The truth is that Republicans stand to benefit from immigration reform.  That is why, in the past, Republican Senators Marco Rubio and Lindsay Graham have supported immigration reform.  Politically, President Trump’s heartless approach to immigration enforcement has chased Latinos away in droves.  Republican candidates in swing states like Arizona, Florida, and Texas cannot write off the Latino vote.  Moreover, there are economic gains to be secured through immigration reform, with employers in agriculture, construction, and service industries clamoring for immigrant workers.

The deal-breaker may be the creation of a path to legalization for undocumented immigrants.  Decried as an “amnesty” by opponents, immigrant rights activists insist on a path to legalization.  Realistically, we cannot deport 11 million undocumented immigrants.  As President George W. Bush observed, such a massive removal campaign would cost billions of dollars, destroy communities, and devastate the economy.  A pathway to legalization undoubtedly will require considerable discussion and debate.

Put simply, Biden set the table for immigration reform on day one of his presidency.  Still, an incredible amount of work must be done.  As Californians, we will be directly affected by immigration reform and should not stand on the sidelines.

KJ

https://lawprofessors.typepad.com/immigration/2021/02/the-biden-administration-and-immigration-reform.html

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Comments

Update while waiting for bill to be introduced week of Feb 15 https://www.politico.com/news/2021/02/11/house-democrats-biden-immigration-plan-468720

Posted by: Ming Hsu Chen | Feb 15, 2021 9:12:05 AM

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