Biden proposed restructuring the US detention and deportation system
The Biden administration has always emphasized the need to reform the local immigration system in accordance with current international demands and the role of immigration on the economy. Biden’s proposal promotes comprehensive immigration reform that includes not only visa processes and humanitarian programs, but also the US’ detention and deportation system.
The US is the destination of thousands of foreigners annually. However, dozens of them decide to migrate unlawfully and cross the country’s borders without documentation, looking for better opportunities and job stability. Therefore, the federal government also has a duty to enforce immigration law both at the borders and within the country to reduce irregular immigration and protect the American population.
Under the Donald Trump administration (2017-2021), immigration law enforcement changed drastically within the country and the number of deportations increased considerably because ICE (Immigration and Customs Enforcement) had the possibility of conducting more operations to detain undocumented immigrants, especially those who have criminal records or pending legal charges.
Adding to that, the global Coronavirus pandemic undoubtedly contributed to the Trump administration expediting deportations on grounds of sanitary emergency and returning thousands of undocumented immigrants in a matter of hours to vulnerable territories such as Mexico and other Central American countries.
The Biden administration proposed restructuring the US’ detention and deportation system to improve the entire immigration sector and protect human rights.
Biden’s 100-day moratorium on deportations
As a major proposition of his political campaign, President Biden promised to suspend deportations during the first 100 days in office to review and evaluate current protocols and rules implemented by the previous administration.
Two days after President Joe Biden took office, the DHS (Department of Homeland Security) issued a memorandum ordering ICE to freeze deportations for 100 days. It is important to clarify that, under this moratorium, removal orders would be suspended only for immigrants who meet certain mandatory requirements.
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Judge blocked Biden’s moratorium on deportations
On January 26, 2021, just six days after Biden took office, a federal judge for the Southern District of Texas blocked Biden’s moratorium on deportations, responding to a lawsuit filed by the Texas Attorney General.
The judge stated that suspending deportations for 100 days would affect border territories like Texas and other states. Initially, the judge issued a TRO (Temporary Restraining Order) for 14 days while the legal complaint was resolved.
Judge extends order on deportation pause
On Friday, January 29, three days after releasing his verdict, the Texas judge extended the restriction on Biden’s moratorium until February 23, 2021, stating that the court needs more time to evaluate the Texas Attorney General’s request to permanently ban the pause on deportations.
Specialized guide for your immigration process!
It is imperative to follow legal guidelines when starting an immigration process. To choose the right process for your particular case and organize the documentation effectively, we recommend for you to follow the advice of experts on immigration matters.
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