Page 6 - July August 2021 CBA Report

Cover Article
New Administration, New Rules
Changes to U.S. immigration policy in 2021
By Blake Somers
The past few months have seen significant changes to U.S. immigration policy as the new administration gets to work under President Biden. Here are some highlights of the more notable changes.1
Wall Construction
Of the many aspects of the prior administration’s immigra- tion policy, its focus on Southern Border fencing (i.e., “the Wall”) is perhaps the most well-known. Specifically, on January 25, 2017, former President Trump signed Executive Order 13767, entitled “Border Security and Immigration Enforcement Improvements.”2 Among other items, that Executive Order directed the Secretary of Homeland Security to “immediately plan, design, and construct a physical wall along the southern border” of the United States.3
However, on February 2, 2021, President Biden issued Execu- tive Order 14010, which explicitly revoked Executive Order 13767. More recently, the Department of Defense released a statement cancelling all border barrier construction projects paid for with funds originally intended for military missions and projects.4
Public Charge
If you’ve ever struggled with insomnia, spend some time with the statutes and implementing regulations about “public charge” requirements for immigration benefits. It’s 100% guaranteed to
get you a solid 8 hours of rest (and lawyers don’t get a lot of guar- antees in our line of work, especially about sleep).
Aside from the brain-numbing nature of the information, however, this area is extremely important because the “public charge” requirements form significant — and frequently manda- tory — requirements for many individuals who are properly applying for lawful immigration benefits.
Summarized, the Immigration and Nationality Act, subject to certain exceptions and requirements, contains potential disqualifications for individuals seeking immigration benefits if it appears that the individual “is likely at any time to become a public charge...”.5
On August 14, 2019, the prior administration, through the Department of Homeland Security, published a “Final Rule” – weighing in at over 200 single-spaced pages – which was explicitly intended to change how the Department interpreted and imple- mented this “public charge” rule.6
In a related press release issued shortly before publication in the Federal Register, the agency offered a summary of some of the sweeping changes ushered in by the Final Rule, including increased scrutiny of applications, and significant expansions of the types of public benefits which could bar an individual from receiving approval of their immigration case. 7
These changes created a cacophony of litigation, including injunctions, stays, and appeals, too numerous and detailed to
6 l July/August 2021 CBA REPORT
www.CincyBar.org