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Changes to Immigration Under the Biden Administration

President-elect Joe Biden’s plans for immigration are expected to be a stark contrast to the Trump administration agenda.  Some of President-elect Biden’s stated priorities are:

  1. Reinstating the Deferred Action for Childhood Arrivals (DACA and Temporary Protected Status (TPS)

The Trump administration has relentlessly attached the DACA program.  President-elect Biden has promised to fully reinstate DACA and will seek to make its protections permanent.  President-elect Biden has also stated that he intends to review TPS designations to ensure people are not returned to unsafe countries.

His immigration plan states it his administration will “explore all legal options” to keep Dreamers, TPS holders, and their families together in the U.S.  Ultimately, he aims to create “a roadmap to citizenship through legislative immigration reform.”

  1. Restore the Asylum System


President-Elect Biden plans to reverse the changes made by the Trump administration, including doing away with the “metering” system that limits the number of people who can request asylum at ports of entry


  1. Modernizing the U.S. Visa System

President-elect Biden intends to work with Congress to reform the immigration system, which would include:

  • increasing the number of immigrant visas (green cards) available to some categories
  • Providing agricultural workers a fast-tracked path to obtaining a green card and citizenship
  • Recognizing the spouses and children of green card holders as immediate family members, reducing the time to be reunited
  • Allowing approved applicants waiting in immigrant visa backlogs the ability to enter the U.S. temporarily


  1. Rescinding the Muslim travel ban
  2. Implementing a 100-day freeze on deportations while new guidance is issued regarding who can be arrested by ICE agents

If you have any questions regarding this update, or any other immigration matter, please contact the immigration attorneys at Lubiner Schmidt & Palumbo LLC at (908) 709-0500 or info@lslawyers.com.


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