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How the Biden Administration's Immigration Proposals Risk

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How the Biden Administration's Immigration Proposals Risk How the Biden Administration’s Immigration Proposals Risk Undoing the Successes of the Trump Administration Republican Staff Report Rep. Jim Jordan, Ranking Member Committee on the Judiciary U.S. House of Representatives Rep. Tom McClintock, Ranking Member Subcommittee on Immigration and Citizenship U.S. House of Representatives February 8, 2021 EXECUTIVE SUMMARY President Donald Trump and his Administration enhanced U.S. border security and returned the rule of law to U.S. immigration policy. Despite constant obstruction from Democrats and unprecedented interference by activist federal courts, the Trump Administration succeeded in improving border security and immigration enforcement nationwide. Now, with President Joe Biden’s promises and actions to end the Trump Administration immigration policies, the Biden Administration appears poised to return to the radical left-wing policies that will incentivize illegal immigration and promote an unending flood of foreign nationals into the United States. In 2016, almost 63 million Americans voted for President Trump in part due to his pledge to address the crisis of border insecurity and illegal immigration. President Trump kept his promise to the American people. For example, in just four years: • The Trump Administration completed over 450 miles of border wall along the southwest border, fencing that will assist U.S. Customs and Border Protection in its mission to keep illegal aliens and dangerous drug traffickers out of the country. • The Trump Administration rolled back the unconstitutional executive actions by the Obama-Biden Administration that incentivized illegal immigration. President Trump sought to end other unwise executive policies started by the Obama-Biden Administration—such as Deferred Action for Childhood Arrivals—but was hamstrung by activist judges. • The Trump Administration’s immigration policies prioritized safety and security of Americans. President Trump ended the dangerous Obama-Biden practice of “catch and release” that allowed criminal aliens to roam American neighborhoods. President Trump prioritized the quick and safe removal of illegal aliens through the expanded use of expedited removal. • The Trump Administration cracked down on asylum abuse in part by working with neighboring countries so that aliens seeking asylum do so in the first safe country they enter—rather than waiting until they reach the U.S. President Biden’s immigration policies will rehash the failed policies of the Obama- Biden Administration and will only make Americans less safe. These radical ideas will not only affect border communities, but they will also lead to the release of dangerous criminal aliens into neighborhoods around the country. For example: 1 • President Biden has proposed ending or rolling back President Trump’s immigration successes, pledged to reinstitute “catch and release,” and has implemented a 100-day moratorium on removals of deportable aliens.1 • President Biden has promised to reverse Trump Administration funding restrictions on far-left sanctuary jurisdictions that ignore federal immigration law and refuse to cooperate with immigration authorities. • President Biden has proposed legislation to grant amnesty to the millions of illegal immigrants currently in the United States. This proposal would repeat the mistakes of the 1986 amnesty, which only made illegal immigration worse by encouraging more people to come into the country illegally. • President Biden has pledged to undo the Trump Administration’s public charge regulation, which assesses an alien’s likelihood of needing U.S. taxpayer-funded benefits upon arrival in the U.S. • President Biden’s radical approach to immigration policy ignores the hard truths of the current state of migration. With an open borders policy, criminals are incentivized to cross the border illegally. In light of recent activist court rulings, criminal aliens are incentivized to bring children with them because they know immigration authorities must release them. Hidden underneath left-wing criticism of the Trump Administration’s immigration policies is the reality that the Trump Administration made the U.S. safer. The Trump Administration took specific and concrete steps to end the pull factors that incentivize illegal immigration into the U.S. and to implement immigration policy that puts the safety and security of Americans first. As President Biden begin his presidency, his Administration would be wise to retain the Trump Administration’s immigration policies. If the Biden Administration continues to undo President Trump’s immigration policy successes and implement a radical immigration agenda, it will result in less security at the border, reduced interior enforcement, and an increased risk from criminal and other aliens who want to do us harm. Those most hurt by the Biden Administration’s radical immigration agenda will be U.S. citizens and lawful permanent residents. 1 On January 26, 2021, a federal judge in the Southern District of Texas issued a 14-day temporary restraining order blocking implementation of the Biden Administration’s 100-day moratorium on removals. Texas v. U.S., et al., No. 6:21-cv-00003 (S.D. Tex. Jan. 26,021). 2 FINDINGS Administrative Amnesty: • After taking office, President Trump focused on ending the unconstitutional administrative amnesty programs from the Obama-Biden Administration that caused a border surge and harmed legal immigrants. He rescinded the unconstitutional Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs and ended de facto amnesties like Temporary Protected Status. • On his first day in office, President Biden took steps to reverse President Trump’s action and continue administrative amnesty programs, even with a caravan of migrants traveling to the southern border. The Border Wall: • Throughout the duration of the 2016 presidential campaign, then-candidate Donald Trump promised to protect the nation and ensure greater security by constructing an adequate wall along the southwest border. During President Trump’s time in office, the U.S. built more than 450 miles of physical border wall along the southwest border. • On President Biden’s first day in office he signed an executive order halting construction of the border wall. His decision ignores the requests of Border Patrol agents on the ground and the necessity of the border wall in keeping the illegal border crossings down. • President Trump also implemented Migrant Protection Protocols (MPP), pursuant to statutory authority, to send the message to foreign nationals that simply because they make it to the U.S. and claim asylum, they will not be released into the U.S. while awaiting their immigration court proceedings. • President Biden promised to end the MPP and to allow asylum-seekers to remain in U.S. while their immigration cases are pending, even though most asylum claims are without merit and take many years to make it through the process. The Biden Administration has already announced that aliens arriving at the border will no longer be enrolled in MPP, effectively ending the program. Interior Security: • President Trump promised during his 2016 campaign that he would end the dangerous process of “catch and release”—the process that stems from the government’s legal inability to hold illegal immigrants for an extended period. Under President Trump, foreign nationals arriving illegally at the border were no longer released into the interior of the U.S. Instead they were transferred to ICE custody for processing, a process that deters illegal immigration and fraudulent asylum claims. 3 • The Trump Administration removed nearly one million deportable aliens from the U.S. The Trump Administration also made certain federal funding provided to states and localities contingent upon cooperation with federal immigration authorities. • President Biden instituted a 100-day moratorium on removals, which will send criminals and unvetted aliens into U.S. communities.2 National Security and Rule of Law: • President Trump took early action in his presidency to protect the national security of the U.S. and enhance the rule of law. On January 27, 2017, President Trump signed Executive Order 13769, which suspended the travel of certain foreign nationals from specific countries traveling to the U.S. and aliens seeking to enter the U.S. as refugees pursuant to section 212(f) of the Immigration and Nationality Act (INA). In 2019, the Trump Administration issued a regulation aimed at ensuring that aliens who cannot support themselves financially, and who are thus likely to be reliant on federal taxpayer- funded benefits, are inadmissible. • The Trump Administration took a realistic approach to determining the refugee ceiling. This approach of “humanitarian immigration benefits programs” resulted in lower numbers of refugee spots available for U.S. resettlement, and in resources normally used for refugees being utilized to reduce asylum case backlogs. • The Trump Administration’s Attorneys General certified decisions of the Board of Immigration Appeals to reverse the holdings and make the new holdings binding on the immigration courts. Decisions regarding asylum eligibility grounds, the effects of criminal convictions such as DUI on the removal of criminal aliens, and criminal sentencing for purposes of removability have provided fairness in the law, adherence to the statute, and clarity to immigration judges. • Due to these necessary efforts by the
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