In the hours after his inauguration as the 46th President of the United States, Joseph R. Biden, Jr. signed a series of Executive Orders, including a Proclamation on Ending Discriminatory Bans on Entry to The United States, revoking Executive Order 13780 of March 6, 2017 (Protecting the Nation From Foreign Terrorist Entry Into the United States)—commonly referred to as the Travel Ban or Muslim Ban—as well as Proclamation 9645 of September 24, 2017 (Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats), Proclamation 9723 of April 10, 2018 (Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats), and Proclamation 9983 of January 31, 2020 (Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats).
President Biden’s Proclamation further directs the Secretary of State and all Embassies and Consulates, consistent with applicable law and visa processing procedures, to resume visa processing in a manner reflecting the revocation of the Travel Ban and “vetting” proclamations. This includes reporting on those visa applicants who were awaiting consideration of waivers of Proclamation 9645 or 9983; creating a reconsideration process for applicants whose visa applications were denied under Proclamation 9645 or 9983; and a review of current visa screening practices.
The President, through Chief of Staff Ronald Klain, announced a regulatory freeze in order to ensure that the President’s appointees or designees have the opportunity to review any new or pending rules. Under this guidance, rules which have been sent to be published in the Federal Register, but not yet published—including the Department of Homeland Security’s rule substantially changing the H-1B program—will be immediately withdrawn. In addition, rules that have been published in the Federal Register but have not yet taken effect will have their effective dates delayed 60 days to permit review and further action. This includes the newest iteration of the Department of Labor’s wage rule impacting the H-1B and PERM programs, and the DHS rule changing the H-1B lottery process.
The President also announced acting heads of federal agencies, pending the Senate confirmation of his cabinet nominees, including:
Department of Homeland Security, David Pekoske (pending confirmation of Alejandro Mayorkas);
Department of State, Dan Smith (pending confirmation of Antony Blinken); and
Department of Labor, Al Stewart (pending confirmation of Marty Walsh).
Additional actions impacting immigration are expected to be announced near the end of January. Moreover, the President has sent an ambitious immigration reform bill to Congress that would create an eight-year path to citizenship for undocumented immigrants, bolster border security with new screening technologies, and deliver aid to Central America.
The bill, known as the US Citizenship Act of 2021 and outlined in a four-page summary shared with reporters, would represent the most sweeping immigration reform package passed since 1986.
Stay tuned for further developments, as the Biden Administration has promised to make immigration a priority.