So What About This New Immigration Law that Biden...? The Media Misunderstandings...

by Kevin L. Dixler on Feb. 03, 2021

Immigration Immigration  Visa Immigration  Deportation 

Summary: A review of what really has been done.

A common question from callers to my office will always be the following: "didn't Biden, Obama, Trump, Bush sign an new immigration law?

The answers is 'usually' no!  Many misunderstand, but are told things by others that prove wrong.  It is always good to check, but you may be best finding an immigration attorney to get good legal advice before there are complications.  Biden did take some Exective actions, but much of this affects limited aliens/foreigners affected by consular processing delays and questionable asylum processing practices that seem to violate the Convention Against Torture.  The U.S. is a signatory to this International Agreement, so it is obligated to follow the requirements of a nation who agrees to uphold this agreement.

If you have a loved one who is stuck in consular processing, because it is a nation impacted by Trump's Muslim Travel Ban or your family member is still waiting in Mexico for an asylum claim or credible fear interview, then you may be impacted by one of President Biden's Executive Orders.

When Biden was sworn into office, he presented 'a Bill' to Congress.  'A Bill' is a proposed law.  A Bill is often changed, to the point where no one likes it.  At that point, 'the Bill' may be tabled, which means that no action is taken until more agree that the Bill should be voted upon.  A Bill that President Biden presented to Congress is under review.  At this time, both Democrats and Republicans will need to study the Bill. 

These politicians should compare the Bill to that which President George W. Bush proposed, when he was President.  Perhaps, these politicians should take a pause to reflect that it is similar to the original bill proposed by President Bush.  It is a Bill that could have passed under President Bush's Administration. 

Unfortunately, the original Bush Bill was altered, until it was so restrictive and expensive, that not enough advocates, immigrants, or American citizens supported the changes.  As a result, the Bush "Pathway to Citizenship" remained in Committee until it died.  That means, the Bill was never passed during the legislative session in which it was proposed, so it is no longer a Bill.

The Immigration Community will have to support the Biden Immigration Bill, or make changes to the Bill, before the current overly restricted immigration laws that often prevent lawful immigration can be temporarily lifted. The current situation has caused many to remain in limbo. 

At the same time, Congress is unable to provide consistent and effective law enforcement agencies to effectively remove most of those unlawfully present.  Those who are unlawfully present have had to face inconsistent, yet unpredictable enforcement which can be devastating.  This, in an thriving service economy, but with an immigration system unable to provide lawful employment authorization and work visas for lower wage employment due to Congressional restrictions.

If you have any questions about Executive Orders, among other immigration visa benefits, then I strongly recommend that you make an appointment or teleconference with an attorney who can spend enough time to answer your questions, but ask enough questions to find out what is going on. 

This can take time, so many attorneys will either charge for the appointment or later ask for fees to investigate or research the situation.   Often, paying for an appointment can allow the attorney to spend more time to find out more information sooner to provide better answers to your legal questions.

The above is general information, not legal advice, and does not create an attorney client relationship.

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