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The Biden Immigration Policy

Prepared by Pia Dyquiangco, ESQ | January 28, 2021
The Biden Immigration Policy

How Has President Biden Changed Immigration?

On January 20, 2021, President Biden issued several orders on immigration. Some orders take immediate effect while others may take more time to be implemented. If you think these policies affect you, contact a lawyer or legal service provider.

Among the changes are:

  • Deferred Action for Childhood Arrivals (DACA) remains in place.
  • Deportations* were paused for 100 days (starting January 22), with some exceptions, and new enforcement policies will be adopted.
  • Travel bans** barring entry for nationals of certain Muslim-majority and African nations were revoked.
  • Deferred Enforced Departure (DED) protection was extended for Liberian nationals until June 30, 2022.
  • Enrollments in the Migrant Protection Protocols that keep asylum seekers waiting in Mexico were suspended — but it is unclear how cases will be handled at the border.

* On Jan. 26, a district court temporarily prevented the government from implementing the
100-day pause.
** The travel bans applied to nationals from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria,
North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.

NOTE: This situation remains fluid and policies can shift rapidly.

Will Congress Pass An Immigration Bill?

President Biden has proposed a sweeping immigration bill that would make more people eligible for legal status. AILA will be advocating for Congress to pass this bill and other bills that improve the U.S. immigration system. At this time, Congress has not passed any immigration bill into law. This means that no new options to apply for legal status have been created, and no broad legalization program has been adopted.

How Quickly Will Change Occur?

Although there have been many announcements with promised changes, many of them will take time to be implemented. Policies, rules, and laws will need to be put in place first. This means you may not see an immediate impact or be able to access new benefits in the short term.

Where Can I Get More Information?

Contact your lawyer or legal service provider. Or if you do not currently have an immigration attorney, use AILA’s Immigration Lawyer Search to locate one.

What Is Our Office Doing?

We are closely monitoring these changes and encourage you to contact our office at Lewis Law Group at (714) 541-8000 or on our Contact Page.

What Can I Do?

  • Contact a U.S. licensed lawyer or accredited representative for more information.
  • Make sure your attorney has your updated contact information.
  • Talk to your attorney about your expectations for processing your case.


Until Congress passes an immigration bill and President Biden signs it into law, there are no new options for people to obtain legal status. Please be wary of individuals who tell you there are new options and attempt to solicit your business.


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