This guide describes the scope and context of Biden’s early immigration executive actions, outlines where their effect is limited, and emphasizes where more action is needed.
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Initial litigation challenging the Biden administration’s immigration policy may have far-reaching implications for executive power, judicial power, federalism and administrative law.
The final iteration of the travel ban reflected data-driven assessments by the Department of Homeland Security, which worked to encourage deeper cooperation from other governments.
Lawfare is compiling a selection of executive actions taken by President Biden to implement his administration’s policies on immigration.
This page was last updated on Feb. 3, 2021.
The Office of the Inspector General for the Justice Department released a report detailing a number of failures surrounding the Justice Department's 2018 "Zero Tolerance" immigration policy. That policy was unveiled by then-Attorney General Jeff Sessions in a May 7, 2018 speech where he announced, "If you cross this border unlawfully, then we will prosecute you. It’s that simple. If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law."
The ruling lets stand a ban that bars the entry of many who would otherwise be eligible for visas.
The judge held that the rule exceeded the power of both the attorney general and the Department of Homeland Security and issued a nationwide temporary restraining order against the rule’s implementation.
The Democratic majority on the House Judiciary Committee released a report
On Oct. 1, a federal judge granted a preliminary injunction against President Trump’s nonimmigrant visa ban. What’s in the decision?
The Department of Homeland Security announced a policy that would force international students to leave the country or transfer if their universities went fully online. A week later, the rule was rescinded. What happened?