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What changes will President Biden bring for asylum seekers?

On Behalf of | Jan 12, 2021 | immigration |

When President-elect Joe Biden takes office and the Democrats have control of both Congress houses, changes should come in the asylum system. Those changes, however, will probably not happen quickly across California and the rest of the nation.

Deferred Action for Childhood Arrivals

Before Biden’s inauguration, a U.S. district court judge in the Eastern District of New York said that the United States must reopen the system for people to apply for protection under DACA. This decision allows about 300,000 more people to apply for protection under DACA. Still, it does not provide answers to incorporating those people and the 300,000 who have already applied.

One Texas judge heard a case from that state and eight others that would severely limit DACA. The legislature will likely need to pass new laws. The current court cases may end up in front of the Supreme Court, but that will not happen until at least spring 2022. Some may be eligible for asylum or withholding of removal.

Border Camps

During the presidential campaign, Biden promised to end separating children from their parents and to promote individuals’ humane treatment at the borders. On Dec. 22, 2020, key members of Biden’s transition team said it would take time to roll back changes made during President Trump’s administration.

Susan E. Rice, Biden’s incoming domestic policy adviser, says that there are no immediate plans to stop the practice of rapidly expelling migrants seeking asylum to Mexico. Jake Sullivan, a national security advisor for Biden, also says there are no plans to immediately stop Migration Protection Protocols, which have forced people seeking asylum to live in immigration camps at the border.

Seeking asylum in the United States continues to be a complex issue. If you are seeking asylum, then you may want to speak to a lawyer about your circumstances.