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  • Writer's pictureJulie_KMW_Law

Trump Vs. Biden Immigration Policies


1.Modernize the immigration system

"A modern immigration system must allow our economy to grow, while protecting the rights, wages, and working conditions of all workers, and holding employers accountable if they don’t play by the rules. Immigrant rights and worker rights are deeply connected. We must ensure that every worker is protected, can join a union, and can exercise their labor rights–regardless of immigration status–for the safety of all workers."

2.Reform the temporary visa system (non-discriminatory practices for high-skilled workers, end country-based caps)

"Biden will work with Congress to first reform temporary visas to establish a wage-based allocation process and establish enforcement mechanisms to ensure they are aligned with the labor market and not used to undermine wages. Then, Biden will support expanding the number of high-skilled visas and eliminating the limits on employment-based visas by country, which create unacceptably long backlogs."

3.End mismanagement of the asylum system and hold ICE accountable for cruel and/or unusual treatment

"Biden will ensure that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) personnel abide by professional standards and are held accountable for inhumane treatment. Biden will direct the necessary resources to ensure asylum applications are processed fairly and efficiently while treating families and children with compassion and sensitivity."

4.Stop construction on the border wall and instead, use federal resources to improve screening infrastructure at ports of entry

"Building a wall will do little to deter criminals and cartels seeking to exploit our borders. Instead of stealing resources from schools for military children and recovery efforts in Puerto Rico, Biden will direct federal resources to smart border enforcement efforts, like investments in improving screening infrastructure at our ports of entry, that will actually keep America safer."

5.Create a path to citizenship for immigrants who have contributed to the U.S. economy for years

"Targeting people who have never been convicted of a serious criminal offense and who have lived, worked, and contributed to our economy and our communities for decades is the definition of counterproductive. Biden will direct enforcement efforts toward threats to public safety and national security while ensuring that individuals are treated with the due process to which they are entitled and their human rights are protected."

6.Support family-based immigration and keeping families together

"Keeping families together and allowing eligible immigrants to join their American relatives on U.S. soil is critically important, but the current system is poorly designed with per-country caps that prevent applications from being approved in a timely fashion. That means approved applicants may wait decades to be reunited with their families. As president, Biden will support family-based immigration by preserving family unification as a foundation of our immigration system; by allowing any approved applicant to receive a temporary non-immigrant visa until the permanent visa is processed; and by supporting legislation that treats the spouse and children of green card holders as the immediate relatives they are, exempting them from caps, and allowing parents to bring their minor children with them at the time they immigrate."


1.Stop illegal immigration and limit legal immigration

"The Department of Homeland Security must have the tools to deter illegal immigration; the ability to remove individuals who illegally enter the United States; and the vital authorities necessary to protect national security. We will work to deter visa overstays with efficient removal."

2.Review and reform the H1B system to be wage-based, meaning the highest wages will receive work visas

"DHS is codifying existing authorities to conduct workforce inspections and clarifying that failure to fully cooperate with inspections may result in the denial or revocation of employer H-1B petitions. The Department of Labor is publishing a rule to appropriately identify the wage levels for H-1Bs and other foreign labor programs, which will improve the quality of H-1B workers and better reflect wages paid to similarly employed workers in the United States."

3.Ensure the prompt removal of illegal border-crossers regardless of country of origin, deter visa overstays with efficient removal

The Trump Administration will work to; "Remove illegal border crossers quickly by hiring an additional 370 Immigration Judges and 1,000 ICE attorneys, discourage illegal re-entry by enhancing penalties and expanding categories of inadmissibility, improve expedited removal, strengthen law enforcement by hiring 10,000 more ICE officers and 300 Federal prosecutors, and end visa overstays by establishing reforms to ensure their swift removal."

4.Finish construction on the border wall ($25 billion trust fund for border wall system)

The Trump Administration aims to use these tools to mitigate the rapidly growing surge of illegal immigration; "$25 billion trust fund for the border wall system, ports of entry/exit, and northern border improvements and enhancements, deter illegal entry by ending dangerous statutorily-imposed catch-and-release and by closing legal loopholes that have eroded our ability to secure the immigration system and protect public safety, ensure synthetic drugs (fentanyl) are prevented from entering the country and institute immigration court reforms to improve efficiency and prevent fraud and abuse."

5.Limit or end asylum

"End abuse of our asylum system by tightening standards, imposing penalties for fraud, and ensuring detention while claims are verified."

6.Protect the “nuclear family” by limiting family sponsorships to spouses and minor children only

"Promote nuclear family migration by limiting family sponsorships to spouses and minor children only (for both Citizens and LPRs), ending extended-family chain migration. Apply these changes prospectively, not retroactively, by processing the backlog."


*DISCLOSURE: This is a blog post for informational purposes only. KMW LAW has no affiliation with either political party and assumes no liability for the information presented in this blog post, which was obtained from public sources ( and*



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