Immigration in 2021: Anticipating Changes under a New Administration

The Trump administration oversaw over 400 actions on immigration, during which time net migration to the United States fell in half. Massive changes were implemented related to restrictions on the abilities of refugees and others seeking protection from harm; the (attempted) termination of DACA and Temporary Protected Status; human rights concerns at detention facilities and lack of protections for children and families; expansions of interior and border enforcement without due process; human rights concerns at detention facilities and lack of protections for children and families; bans on the issuance of many types of visas, the suspension of visa interviews, and numerous travel bans coving much of the world; curtailments of the ability to study and work temporarily in the U.S.; changes to burden of proof for USCIS and court filings; increased burdens and sanctions on employers; reshaping of the courts and USCIS to adopt a much more enforcement-oriented approach; and many more. 

The incoming Biden administration promises to roll back many of these changes and to implement entirely new policies, but what exactly will these entail? What will differ for refugees, asylum-seekers, dreamers, international students, foreign employees and U.S. employers, those immigrating through family relationships, and others? What would a comprehensive immigration reform proposal look like? How would enforcement agencies be directed to change their policies and what oversight would be provided for those in detention? 

This course, presented by immigration attorneys Matt Blaisdell, Amy Peck, and Ruby Powers, will provide assistance to attorneys representing or advising immigrants in all contexts.

Learning Objectives:

1. Identify which changes are likely to remain and which will be immediately reversed
2. Examine new and upcoming developments within the immigration courts, humanitarian visas, and asylum
3. Explore possible changes with employment-based and investor-based visas
4. Review changes to family-based immigration, waivers, and TPS
5. Anticipate new processes and procedures to be implemented at consular posts abroad
6. Discuss whether and how enforcement policies will revert to prior practices or develop into new procedures