Assuming Joe Biden is sworn in a President on January 20, 2021, he has indicated that he will be busy his first days in office rescinding many of President Trump’s Presidential Actions especially, but not limited to, some of those focused on immigration including:
* Immigration suspension (Travel Ban), which the Supreme Court upheld in 2018 suspending immigration from Libya, Iran, Somalia, Syria, Yemen and North Korea.
* The rollback of the President’s Border Security and Immigration Enforcement executive order. Under this January 2017 action, the Department of Homeland Security can identify and allocate funding for the southern border wall. This action also limited humanitarian parole authority for undocumented immigrants to a “case-by-case” basis.
* Mr. Biden also plans to work immediately to make the Deferred Action for Childhood Arrivals (DACA) program permanent by sending a bill to Congress “on day one of my administration.” In spite of President Trump’s challenge, the Supreme Court upheld the plan but left the door open for future action to terminate it. DACA was put into place as a temporary program intended to provide certain people, who entered the United States under the age of 16 years unlawfully through no fault of their own, with lawful permanent resident status (LPR) under the DREAM Act (The Development, Relief and Education for Alien Minor’s Act) which has never been passed into into law.

If both congressional houses and executive branches end up under Democratic control, and Biden is sworn in as President, he would be in a strong position to get legislation passed in Congress. However, if Democrats lose both Georgia seats and Republicans maintain control of the Senate, Mr. Biden’s legislative agenda could be blocked, making executive orders necessary. Stay tuned.

For questions regarding your immigration status please contact Cella & Associates, LLC toll free at 1.877.583.7080 to schedule a confidential remote consultation via Zoom, Skype, WhatsApp, or telephone. We speak Albanian, English, Italian, Russian.

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