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How President Biden Will Begin To Undo Trump’s Immigration Legacy

(Photo by Alex Wong/Getty Images)

Brianna Lyman News and Commentary Writer
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On day one of his term, President Joe Biden is set to sign a slew of executive orders that will reverse numerous Trump-era immigration policies that were once a rallying cry for Trump supporters — and a successful campaign platform.

“President-elect Biden is taking historic action on day one to advance his agenda,” incoming White House press secretary Jen Psaki told reporters late Tuesday, according to CBS News.

Here are three executive actions Biden is expected to take that will significantly impact President Donald Trump’s legacy when it comes to immigration.

Deferred Action for Childhood Arrivals (DACA)

Biden is expected to order the Department of Justice  (DOJ) and Homeland Security to take “all appropriate actions” to safeguard the DACA program, according to CBS News.

Trump was largely unsuccessful in challenging the program in court, with the Supreme Court ruling in June that the Trump administration could not terminate the program.

In a 5-4 decision written by Supreme Court Chief Justice John Roberts, the majority issued a procedure-based ruling rather than a merit-based ruling. The court found the Trump administration had violated the Administrative Procedure Act when it ended the program.

“The dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may,” Roberts wrote in the opinion. “The dispute is instead primarily about the procedure the agency followed in doing so.”

However, a federal judge in Texas is still set to rule on a request by Republican attorneys general who want the program to be declared unlawful, according to CNN.

The program offers work permits and deportation relief to children who were illegally brought to the U.S. by their parents.

The So-Called ‘Muslim Ban’

There was never a “Muslim Ban,” but Biden has vowed to issue an executive directive that will end Trump’s travel restrictions on a group of predominantly Muslim and African countries, according to CBS News.

Within weeks of taking office, Trump issued an executive order barring citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the U.S. While the nations are largely Muslim, they contain just a fraction of the world’s Muslim population, 2010 Pew Research data shows.

Indonesia, India and Pakistan combined account for a third of the world’s Muslims and none of these nations are included in the visa ban. Iran is the only nation on the ban that has more than 2% of the global Muslim population. Chants of “Death to America and Israel” are common in Iran. (RELATED: Trump’s Biggest Accomplishments Part 1: Crushing the Caliphate)

Trump issued the ban saying the U.S. shouldn’t admit people “who would place violent ideologies over American law.”

“In addition, the United States should not admit those who engage in acts of bigotry or hatred (including ‘honor’ killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender or sexual orientation.”

Biden’s reversal will order the State Department to process visa applications from the countries and to create a plan to “remedy the harms caused by the bans,” according to CBS News.

The Border Wall

One of Trump’s biggest rallying cries while running for the presidency was building a wall along the southern U.S. border. With more than 400 miles of new borders and a bolstered immigration enforcement which added 15,000 additional border agents, border crossings have decreased over the past four years.

In 2018, the Department of Homeland Security (DHS) arrested over 10,000 gang members – 2,000 of whom were connected to MS-13. Biden is expected to pause construction of the wall and end the national emergency declaration that was used to transfer funds to its construction, according to CBS News.

However, the new border wall has proved to be effective, with border patrol agents telling the Daily Caller that the new wall allows agents to get the job done faster.

“We keep talking about a border wall, but it’s a border wall system,” one agent told the Daily Caller. “It’s also giving us technology now anywhere the wall is going in. It’s giving us the ability to communicate and send signals back to command centers to work much more effectively. It’s not just the barrier, there’s significantly more behind the barrier.”

U.S. Border Patrol Chief Rodney Scott told the Daily Caller that the border wall helps “every single day.”

Former ICE Director Tom Homan warned in November while speaking on “Fox & Friends” that under Biden we could lose the border wall.

“It all goes away on day one,” Homan said. “We lose the border under a Biden administration because he made promises to stop deportations, end ICE detention [and] give free health care.”

“Who wouldn’t want to come to the greatest country on Earth if you know you can’t be arrested, you won’t be detained and you won’t be deported and we’ll give you free health care?” Homan asked. “It’s terrible what’s about to happen to this border.”

In February of last year, Trump issued a notice extending the national emergency declaration at the southern border through 2021, which came just as the administration announced the transfer of $3.8 billion from the Pentagon to help fund the border wall.

The decision sparked legal challenges questioning whether the administration illegally sidestepped Congress in diverting Pentagon funds.

Trump faced legal hurdles along the way, with the Supreme Court eventually stepping in to rule in July that the Trump administration could continue to build the wall using funds diverted from the Department of Defense.

The court also ruled in favor of Trump in 2019 and allowed four border wall projects to continue, according to the Associated Press. Trump signed a plaque attached to a new section of the border wall in Arizona in June to mark completion of over 200 miles of wall, a key campaign promise.