President Biden Signs 6 Immigration Executive Orders

President Biden issued an immigration Executive Order which repeals two Trump-era proclamations that established a ban on travel to the United States from several predominantly Muslim and African countries.

President Trump had imposed travel bans on persons from the following countries, some of them with large Muslim populations, seeking to travel, work or immigrate to the United States:

1. Iran                                
2. Libya
3. Somalia
4. Syria
5. Yemen
6. Venezuela
7. North Korea.

8. Myanmar
9. Eritrea
10. Kyrgyzstan
11. Nigeria
12. Sudan
13. Tanzania

The nature of the ban varies from country to country.

Persons from some of the above countries were permitted to obtain temporary visas, but not to get green cards to reside in the U.S.

Only a very small percentage of visa applicants were granted waivers of the travel ban.

President Biden signed an immigration Executive Order to reinstate the Deferred Action for Childhood Arrivals (DACA) program.

The DACA program was initiated by former President Obama in 2012. The program protects certain undocumented persons who were brought to the United States as children from deportation. Additionally, persons who qualify for DACA can get work permits (Employment Authorization Documents) and, in some cases, international travel permits (Advance Parole).

In order to qualify, applicants must meet the following requirements:

• Be under 31 years of age on June 15, 2012;
• Have first come to the US prior to their 16th birthdays;
• Have lived in the US since June 15, 2007;
• Be physically present in the US on June 15, 2012 and on the date of the application
• Not be in lawful immigration status on June 15, 2012;
• Be currently studying or have graduated from high school, earned a GED or have an honorable discharge from the US Armed Forces or the Coast Guard; and
• Have not been convicted of a felony or DUI, or convicted of a “significant misdemeanor” or 3 or more misdemeanors of any kind.

When former President Trump sought to abolish DACA, the U.S. Supreme Court ruled that the Administration did not do so in a lawful manner.

For now, USCIS will accept new DACA applications, renew current applications and grant EAD work permits and Advance Parole travel permits to eligible DACA recipients.

President Biden favors legislation which would provide a Path to Citizenship to DACA recipients.

However, there is a pending Federal lawsuit in which various states are arguing that the President did not have the authority to create the DACA program, and that it should be abolished.

Under former President Obama, immigration agencies had the following priorities as to who to place under deportation proceedings:

Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.