Biden railed against Trump’s immigration policies, now defends them in courts – By Anita Kumar (Politico) / Aug 10 2021
Immigration attorneys and activists have been frustrated with the slow pace of the Biden Justice Department in tackling the Trump-era immigration portfolio.
Over the past six months, the U.S. government has backed the expiration of certain visas, pushed for tougher requirements for investors seeking green cards, and supported the denial of permanent residency for thousands of immigrants living legally in the U.S.
If that sounds like the type of immigration portfolio former President Donald Trump would pursue, it’s because it is. But President Joe Biden is nevertheless defending it in court, despite a pledge to quickly reverse his predecessor’s hard-line immigration agenda.
Former administration officials and immigration lawyers say Biden’s hands may be tied in certain cases — that the government may not necessarily agree with the specific policy but that the Justice Department may have to defend Trump-era policy because of requirements in law and the time needed to review all the cases. But the Biden administration’s approach is, nevertheless, testing the patience of immigration activists and attorneys who say the president and his team have been far too passive in undoing Trump’s far-reaching and restrictive immigration policies in court.
They point to the fact that, in some cases, Biden’s team has argued policies created under Trump’s acting Homeland Security Secretary Chad Wolf were legal, even after a federal judge concluded Wolf did not lawfully serve in the position since he was never confirmed by the Senate. Their reasoning: opposing Wolf’s immigration policies could have impacted all sorts of changes at the sprawling department, which deals with everything from disaster relief to airline travel.
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