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Immigration Alert: New Executive Orders from The Biden Administration

“Revisions to Interpretation of the Public Charge Rule

President Biden issued an executive order directing federal agencies to immediately review the regulations and policy interpretations of the prior administration regarding the Public Charge Rule. The Trump Administration had greatly expanded the Public Charge rule to aggressively target all immigrants to the United States with the effect of slowing down benefit requests, adding significant burdens to applicants and ultimately allowing the USCIS to deny more applicants. The executive order does remove the public charge rule but will likely return to prior interpretations of the law.

Key Biden Policy Executive Orders Issued

President Joe Biden issued two new executive orders on February 2nd to advance his campaign promises in key immigrations areas, specifically: Addressing the root cause of migration; and establishing a multi-agency task force to reunite families separated by immigration policies of the last few years. These orders direct federal agencies to improving the asylum processes and resume the processing of asylum cases at the southern border. In a direct shift in policy these orders will see outreach to central American countries as well as Mexico to identify and address the underlying causes of migration and the safety of migrants.

Removal of “Buy American hire American” Executive Order

The Trump Administration’s “Buy American hire American” Executive Order has been removed by President Joe Biden via issuance of his “Buy American” Executive Order. The prior order included controversial anti-immigrant provisions that instructed federal agencies to take significant action to curb legal migration. We expect to see less adverse agency action as a result of this change.

H4 Employment Authorization Remains in Place

Regulation in process to remove the ability for certain H4 visa holders to obtain Employment Authorization Documents has been withdrawn by the Biden Administration. The policy was central to the Trump Administration but encountered numerous issues to become law.

Tully Rinckey is able to assist people and organizations world-wide with domestic and international immigration matters. Attorney Michael Freestone is well versed in representing large corporations and is able to navigate complex immigration issues and analyze the facts and recommend the best course of action.

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