Can soon-to-be President Biden cancel the travel bans? Will he cancel them? What do you need to know?
Many are wondering what power a President has over travel bans and whether Biden might cancel them in the United States. The travel bans were done via a mechanism known as a presidential proclamation. For a new president to come in, it is pretty easy for them to cancel a previous presidential proclamation.
The short answer: For soon-to-be President Biden, to cancel the travel bans, he would have to find that it’s no longer detrimental to the interests of the US to deny entry for those immigrants to come in. We’ll have to wait and see what happens.
There are three different travel bans that are in play at the moment. There is the COVID travel ban, which is the country-specific one. For people in Ireland, the UK, Shanghai, China, some other countries, that’s the COVID travel ban. Then there is the ban on the issuance of new visas, H-1Bs, J-1s, L-1s, H-2Bs. Then there’s the green card ban abroad, so the issuance of new immigrant visas or green cards to people abroad.
Will Biden rescind or cancel those bans? We’re not sure. Obviously, we don’t know exactly what’s going to happen. We’re looking at the data, and the data does not support the fact that immigrants coming in in these categories, like the temporary visas or the green cards, are stealing jobs like the Trump administration had said. Therefore, it would be detrimental to the labor market. In fact, the reports are showing that actually there is still a lot of employers seeking workers especially in skilled categories, in computer, IT, tech-related positions.
This is different than DACA and other programs that have to be terminated in a certain way by going through certain procedures and notice and comment and law. It’s different and it’s much easier for a new administration to rescind a presidential proclamation. We’ll have to wait and see what happens
Finally, I just want people to know that I’m an immigrant myself. I was a visa holder. Now I’m a naturalized US citizen, but I have family abroad. I know and feel the pain of these proclamations of these bans. I know how hurtful it is and how much harm they’re causing. I want people to know that I do feel your pain and also that there is a whole host of amazing us immigration attorneys that are really fighting hard for our clients.
We’re looking forward to hopefully dealing with an administration that just thinks about immigration in different ways. Hopefully, we’ll have some positive news to share soon.