Resources on Executive Orders and Major Legislation

Summaries, statements, analysis, and other resources on the Biden-Harris Administration immigration policies, and congressional legislation that creates a path to citizenship for aspiring Americans. 

Multi-Issue Resources on Executive Orders

Legislative Resources

Issue-Specific Resources on Executive Orders

  • Asylum
  • Border Wall
  • Census
  • DACA
  • Detention and Deportation
  • DED/TPS
  • Family Separation
  • Muslim and African Ban
  • Public Charge
  • Racial Justice
  • Refugees

Organizational Statements

___________________________________________________________________________

Multi-Issue Resources on Executive Orders

Analysis and Response from Immigrant-Led Organizations

Interfaith Immigration Coalition Webinar and Presentation (2/8/21)

Take Action for Immigrant Justice in 2021

Biden’s changes to the immigration system, explained

An easy-to-understand blog about the various Day 1 policy changes, from AFSC.

American Immigration Lawyers Association: First 100 Days of the Biden Administration

This webpage tracks various actions the Biden administration has taken, including agency and White House policies and personnel updates. 

PennState Law Resource Page

Legislative Resources 

U.S. Citizenship Act of 2021 (S. XX Menendez / H.R. 1177 Sanchez)

  • Senate Bill Text, Section by Section, and Summary
  • House Bill Text, Section by Section, and Summary
  • Summary (AILA/Greg Siskind)
  • NIP/NLG Primer on Criminal-Immigration and Enforcement Provisions
  • NIP/NLG Primer on Due Process, Detention, and Court Reform

Senator Menendez/American Business Immigration Coalition Briefing

Senator Menendez will be introducing the Senate version of the immigration reform bill. Led by ABIC, a briefing took place on January 21st outlining the key components to the bill. View recording here

American Immigration Council Fact Sheets

Backgrounders on issues raised in immigration reform legislation.

Citizenship for All: 100 Days Campaign

Join NAKASEC National, HANA Center (IL), Korean Resource Center (CA), NAKASEC (VA), Woori Center (PA), and Minkwon Center (NY) in this campaign to pass immigration legislation in the first 100 days of Congress and the new Administration (sign up here). Campaign will include “phone-dogging,” storytelling, and other activities to engage in and amplify.

For Our Families TV Ad

A new TV and digital ad highlights the urgent need and tremendous opportunity to make meaningful progression on #immigration reform. A pathway to citizenship must begin now. For more visit #ForOurFamilies.

Issue-Specific Resources on Executive Orders

Asylum

DHS Memo on MPP Termination: DHS is announcing the suspension of new enrollments in the Migrant Protection Protocols (MPP) program. Effective January 21, the Department will cease adding individuals into the program. However, current COVID-19 non-essential travel restrictions, both at the border and in the region, remain in place at this time.  All current MPP participants should remain where they are, pending further official information from U.S. government officials. 

EO on Creating a Comprehensive Regional Framework to Address the Causes of Migration: This Executive Order addresses factors forcing people to flee in search of asylum, supports stronger asylum and refugee protection in other countries, builds regional refugee resettlement capacities, restore the Central American Minors (CAM) program to protect children fleeing violence in Central America, and rescinds many of the Trump administration’s unlawful, anti-asylum executive orders and proclamations. The Executive Order does not address and/or rescind all asylum concerns such as Title 42 expulsions, individuals stranded under MPP, the third country transit ban, the dangerous “asylum cooperative agreements,” and more.

Human Rights First Recommendations to Biden Administration; Guide to Ending MPP; December 2020 Report on Harms to Asylum Seekers

Joint Letter: Faith, Legal Services, Humanitarian, and Human Rights Organizations on Misuse of Title 42

Border Wall

EO Halting Border Wall Construction: Terminates the national emergency declaration that allowed the Trump administration to grab money from other departments to fund the wall; pauses wall construction and the obligation of funds for construction projects; and directs all relevant agencies to develop a plan for the redirection of the $1+ billion funds already appropriated for 2021 for border wall construction.

Talking Points: Southern Border Communities Coalition 

Census

EO on Restoring Proper Census Count: Ensuring that the census includes all people regardless of immigration or citizenship status.

DACA

EO Affirming DACA Protections: Instructs DHS Secretary to take all actions consistent with law to “preserve and fortify” DACA.

Detention and Deportation

EO Repealing Trump Interior Enforcement EO: Rescinds Trump’s sweeping EO on interior enforcement, and states the Biden Administration’s intent to “reset the policies and practices for enforcing civil immigration laws to align enforcement,” with a set of values and priorities articulated as including protecting national and border security, addressing humanitarian challenges at the southern border, and ensuring public health and safety. 

ICE Memo Providing Interim Guidance on Civil Immigration Enforcement and Removal Priorities: This memo, issued 2/18/21, clarifies offers implementing guidance for the new ICE enforcement priorities.

DHS Memo Ordering Review of Immigration Enforcement: This memo, issued 1/20/21, outlines DHS interim enforcement priorities following repeal of the Trump Administration Executive Order, parameters for the 100-day pause on deportations, and a process for developing new deportation policies. 

Letter: 120 Law Professors Secretary to Mayorkas: DHS Has Discretion To Stop Deportations

Analysis: Shoba Sivaprasad Wadhia Reviews Part 1 and Part 2 of DHS’ New Enforcement Policy

NIP/NLG FAQ on 2/18/21 ICE Enforcement Memo (ESP)

Letter on Detention Release: The American Immigration Council, National Immigrant Justice Center, and over 120 coalition partners call on the Biden-Harris administration to conduct a review of all cases for individuals currently held in the custody of U.S. Immigration and Customs Enforcement. The letter calls on the administration to ensure the release of individuals who do not meet stated enforcement priorities and those who are at heightened risk of severe illness due to the COVID-19 pandemic. 

#FreeThemAll Twitter Storm: On Tuesday, January 26th from 11 PT/1 CT/2ET-1 PT/3 CT/4ET, FFI, DWN, and others are hosting a Twitter Storm to advocate for expansion of the deportation moratorium and release from detention. Sign up here to receive the toolkit.

Detention Watch Network Analysis

National Immigration Justice Center Analysis

DED/TPS

EO Reinstating DED for Liberia: This EO reinstates Deferred Enforced Departure for Liberians, extending to June 30, 2022 protections and employment authorization for those who were under a DED grant as of January 10, 2021.

Trump Administration Extends DED to Nationals of Venezuela: Explainer from National Law Review outlines Trump administration late-term action to designate DED for Venezuela for 18 months on January 19, 2021.

Family Separation

EO Establishment of Interagency Task Force on the Reunification of Families: This Executive Order establishes an Interagency Task Force on the Reunification of Families to identify and reunite the families intentionally separated by the previous administration’s “zero tolerance policy.” The Task Force will be made up of the Secretaries of Homeland Security, State, and Health and Human Services; the Attorney General; and other Officers of the agencies mentioned.

Muslim and African Ban

EO Rescinding Muslim and African Bans: Repeals Trump Administration bans that restricted travel from majority Muslim and African countries, and requires the Department of State to provide a report within 45 days ensuring a process for expeditious adjudication of visas for applicants who were pending a waiver, and ensure that all those whose visa applications were denied on the basis of the bans may have their applications reconsidered without prejudice. 

No Muslim Ban Ever Coalition Explainer, Practice Advisory, and Know Your Rights Resource 

PennState Law Practice Advisory 

CAIR-San Francisco Webinar

Public Charge

EO Restoring Faith in Our Legal Immigration Systems & Strengthening Integration and Inclusion Efforts for New Americans: This Executive Order recognizes immigrants and refugees as valued members of our communities and seeks to promote immigrant and refugee integration and inclusion by re-establishing a Task Force on New Americans. It also addresses barriers to accessing benefits, directs a review to improve the naturalization process by establishing an Interagency Working Group on Promoting Naturalization, and orders a review of the previous administration’s public charge rule. It does not rescind or replace the public charge rules but orders DHS, DOS, and DOJ to review the rule and take action within 60 days.

Protecting Immigrant Families Fact Sheet and Social Media Toolkit 

Joint Letter on Ending Public Charge

Urban Institute Research: Immigrant Families Continued Avoiding Public Benefits During COVID-19 Crisis

Racial Justice

EO Announcing Whole-Government Approach to Racial Equity: Requires a full review of ways in which structural barriers to access to federal benefits and programming prevent historically underserved and marginalized communities from gaining access.

Refugees

EO Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration

Refugee-serving groups’ analysis; talking points; and social media toolkit 

Organizational Statements

Action Alerts – Running List 

  • Social Media Toolkit: The First 100 Days and Beyond for #ImmigrantJustice: bit.ly/100DaysActionToolkit
  • Help Stop Deportations: Click here to sign a petition to President Biden, call the Biden administration, lift up on social media, and more.
  • Advocate for Citizenship for All: Click here to sign a petition to Congress, join the IIC for “Faith on the Phones,” and more!
  • Engage Your Faith Community: Click here to ensure your faith community remains informed and mobilized for immigrant justice.
  • Support freeing people in sanctuary by calling your Senators and Representatives and asking for a stay of removal, signing onto this faith leader/lay leader letter, and supporting Edith’s campaign at this link.