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      ‘The border is closed’: US deters adults but allows processing for child migrants

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      Joe Biden’s homeland security secretary said on Tuesday that even as the US processes a growing number of unaccompanied child migrants at the US-Mexico border, the country remains closed to most asylum seekers.“Now is not the time to come to the border,” Alejandro Mayorkas said.US border patrol officials encountered more than 15,000 children traveling without adults in January and February and officials have warned the numbers continue to grow in the first weeks of March. The arrivals threaten to overwhelm stretched federal agencies, putting children at risk, though Mayorkas told ABC News it was a challenge his department could handle.“What we are doing is addressing young children who come to the border to make claims under the humanitarian laws established years and years ago and we are building capacity to address the needs of children when they arrive,” Mayorkas said. “But we are also, and critically, sending an important message that now is not the time to come to the border.”Mayorkas said the border was not permanently closed to adults and families, but urged people to wait before approaching it.“Give us the time to rebuild the system that was entirely dismantled in the prior administration,” he said.The secretary also issued a lengthy statement, warning that the US was on pace to encounter more individuals at the border with Mexico than it had in the past 20 years.His projection did not reflect a record number of people crossing the border, however, because it only included people apprehended by US border patrol – not those who cross without getting caught. That group has shrunk dramatically since the early 2000s.“This is not new,” Mayorkas said. “We have experienced migration surges before – in 2019, 2014 and before then as well.”He also acknowledged several factors pushing people north, including poverty, violence, corruption and two damaging hurricanes which hit Honduras in November.The measured tone from the Biden administration is a marked departure from US policy under Donald Trump, when migrants were routinely vilified. Advocates have said this tone shift is an important step in itself but they are also watching closely to see if Biden administration acts reflect its promise of “a safe, legal and orderly immigration system”.A first test for the administration is how it processes children who make the dangerous journey to the US without adults.After encountering border patrol agents, unaccompanied children are supposed to be moved to US health department custody within 72 hours. The health department’s Office of Refugee Resettlement attempts to place children into homes with sponsors in the US, usually close relatives, while their cases are assessed.In recent weeks, thousands of unaccompanied children have been held in border patrol facilities beyond the three-day limit, prompting concerns for their health and welfare.Lawyers who spoke with more than a dozen children held at a border patrol facility in Texas last week told the Associated Press some said they had been there for more than a week. Some children reported being held in packed conditions, sleeping on the floor and not being able to shower for five days, the lawyers said.To cope with the increase, the Biden administration has opened temporary facilities to house children, deployed the Federal Emergency Management Agency (Fema) and changed rules to move to children to the custody of a sponsor.Mayorkas said the administration was also attempting to rebuild the immigration system after the Trump administration shrank legal pathways to the US.“The system was gutted, facilities were closed and they cruelly expelled young children into the hands of traffickers,” Mayorkas said. “We have had to rebuild the entire system, including the policies and procedures required to administer the asylum laws that Congress passed long ago.”Trump’s immigration policy was shaped by adviser Stephen Miller, who has endorsed white supremacist views. On his watch, the Trump administration made more than 1,000 changes to US policy, according to the Immigration Policy Tracking Project.These changes included a March 2020 rule which effectively stopped asylum processing under coronavirus guidelines. As a result, more than 13,000 children traveling alone were expelled in the fiscal year to 30 September according to the American Civil Liberties Union.Overall, there were 197,000 expulsions in that time, a count including repeated crossings, or recidivism, which jumped from 7% in 2019 to 37% in 2020.Biden stopped using the rule, Title 42, to block unaccompanied children from seeking asylum. But it is still being used to expel adults and families. Advocates are critical of this decision, saying the public health justification is flimsy at best, but the administration has defended the Trump-era rule.At a White House briefing last week, the US southern border coordinator, Roberta Jacobson, spoke in Spanish and English.“La frontera está cerrada,” she said. “The border is closed.” More

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      Omar urges end to prison contracts to fix 'abuse-ridden' immigration detention system

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      Ilhan Omar has called on the Biden administration to phase out immigration detention contracts between Immigration and Customs Enforcement (Ice) and local jails and prisons.In a letter to Susan Rice, director of the White House Domestic Policy Council, and Alejandro Mayorkas, secretary of the Department of Homeland Security (DHS), the Minnesota Democrat said the contracts perpetuated mass incarceration.“In order to truly sever the financial incentives causing the expansion of an unnecessary and abuse-ridden system of mass incarceration, we urge you to end contracts between the federal government and localities for the purposes of immigration detention,” Omar wrote, in a letter also signed by other Democratic members of Congress.Immigration activists have for years targeted such contracts at local levels.In New Jersey, lawmakers are considering proposals that would prevent counties, municipalities and private prison operators from entering into such contracts or renewing or extending those already in effect. In California in 2019 the governor, Gavin Newsom, signed a law blocking the state from entering into or renewing contracts with private prison companies.Biden is under pressure to address the sprawling US immigration detention system, the largest in the world and rampant with allegations of abuse.More than 70 members of Congress, including Omar, have called on Biden to phase out the use of private prisons for immigration detention. Biden signed an executive order to do so at justice department facilities, but not at facilities which detain migrants.Biden’s administration is also attempting to respond to an increase in asylum-seeking children at the southern border. A near-record 9,457 unaccompanied children were taken into US Customs and Border Protection (CBP) custody in February, according to the agency, the most since May 2019.In recent weeks, thousands of children have stayed in CBP facilities beyond the 72-hour legal limit, after which they are supposed to be moved to the care of the US health department.A CBP tent facility in Donna, some 165 miles south of Dallas, is holding more than 1,000 children and teenagers, some as young as four. Lawyers who inspect immigrant detention facilities have said they have interviewed children who reported being held in packed conditions, some sleeping on the floor, others not able to shower for five days.Biden is using the Federal Emergency Management Agency (Fema), best known for responding to natural disasters, to manage and care for the children.Later on Monday, it was reported that the administration plans to use a downtown Dallas convention center to hold up to 3,000 immigrant teenagers.The Kay Bailey Hutchison Convention Center will be used for up to 90 days beginning as early as this week, according to written notification sent to members of the Dallas city council on Monday and obtained by the Associated Press. Federal agencies will use the facility to house boys ages 15 to 17, according to the memo, which described the soon-to-open site as a “decompression center”. More

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      Surge in migrants seeking to cross Mexico border poses challenge for Biden

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      The number of migrant children and families seeking to cross the US-Mexico border has increased to levels not seen since before the coronavirus pandemic – a challenge for Joe Biden as he works to undo the hardline immigration policies of predecessor Donald Trump.Statistics released Wednesday by US customs and border protection (CBP) showed the number of children and families increased by more than 100% between January and February.Children crossing by themselves rose 60% to more than 9,400, forcing the government to look for new places to hold them temporarily.Roberta Jacobson, the administration’s coordinator for the southern border and a former ambassador to Mexico, joined the White House press briefing on Wednesday.She said the president is committed to building a fair immigration system, but cannot undo the damage of the Trump administration “overnight”.She sidestepped a question about whether the situation at the border qualifies as a crisis.“Whatever you call it wouldn’t change what we’re doing,” Jacobson said.The secretary of homeland security, Alejandro Mayorkas, previously said he does not consider the situation to be a crisis, which sparked intense criticism among Republicans, including Trump.But Jacobson said: “Surges tend to respond to hope. There was a hope for a more humane policy.”She also argued that the election of Biden allowed human smugglers to spread disinformation about migrants’ ability to enter the US immediately.“The border is not open,” Jacobson said and urged undocumented people not to make the dangerous journey.The Biden administration is turning back nearly all single adults, who make up the majority of border-crossers, under a public health order imposed by Trump at the start of the coronavirus pandemic.And the administration is temporarily holding children and families, mostly from Central America, in government and private facilities for several days while it evaluates claims for asylum or determines if they have any other legal right to stay in the US.Republicans have argued that migrants are drawn by incentives such as the immigration bill backed by Biden and many Democrats that would offer a path to citizenship for millions of people living unlawfully in the US.“We’re seeing a surge of unaccompanied children coming across the border. Why? Joe Biden promised amnesty,” Senator Ted Cruz, Republican of Texas, tweeted.There were nearly 29,000 family units or unaccompanied minors in February. The last time it was higher was in October 2019.Biden officials have faced mounting questions about the temporary detention of migrant families, an issue that the two previous presidents had to deal with because of the instability in the region.Jacobson said the administration is asking Congress for $4bn for targeted aid to Honduras, El Salvador and Guatemala.“Only by addressing those root causes can we break the cycle of desperation and provide hope for families who clearly would prefer to stay in their countries and provide a better future for their children,” she told reporters at the White House.Jacobson said the US is also restoring a program, ended under Trump, that reunited children in the three Central American countries with parents who are legal residents in the United States.The Department of Homeland Security has also begun processing the asylum claims of thousands of people who were forced by the Trump administration to stay in Mexico, often in dangerous conditions for a long time, for a decision on their case.A migrant camp that formed in Matamoros, across the border from Brownsville, in south-east Texas, recently was emptied of migrants as they were allowed into the US to process their immigration or asylum claims. More

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      Biden officials visit US-Mexico border to monitor increase in crossings

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      The new US secretary of homeland security, Alejandro Mayorkas, led a visit by Biden administration officials to the border with Mexico on Saturday, amid a growing number of border crossings and criticism by Republicans that a crisis is brewing.Joe Biden has sought to reverse rigid immigration polices set up by his predecessor as president, Donald Trump, whose presidency was dominated by efforts to build a border wall and reduce the number of legal and illegal migrants.Biden has faced criticism from immigration activists who say unaccompanied children and families are being held too long in detention centers instead of being released while asylum applications are considered.The White House said last week Biden had asked senior members of his staff to travel to the border and report back about the influx of unaccompanied minors. It declined at the time to release details about the trip, citing security and privacy concerns.Mayorkas and officials including domestic policy adviser Susan Rice visited a border patrol facility and a refugee resettlement facility, the White House said on Sunday.“They discussed capacity needs given the number of unaccompanied children and families arriving at our border,” a statement said, “the complex challenges with rebuilding our gutted border infrastructure and immigration system, as well as improvements that must be made in order to restore safe and efficient procedures to process, shelter, and place unaccompanied children with family or sponsors.“Officials also discussed ways to ensure the fair and humane treatment of immigrants, the safety of the workforce, and the wellbeing of communities nearby in the face of a global pandemic.”An influx of people seeking to cross the border is likely to be a big issue in the 2022 midterm elections. Trump may use it to rally his base against Biden and lay the groundwork for a potential return as a presidential candidate in 2024 or as a way to boost a successor.“The border is breaking down as I speak,” Republican South Carolina senator Lindsey Graham, a close Trump ally, told Fox News on Sunday. “Immigration in 2022 will be a bigger issue than it was in 2016.” More

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      Man leaves church and reunites with family after years in sanctuary from deportation

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      After three and a half years living inside a Missouri church to avoid deportation, a Honduran man has finally stepped outside, following a promise from Joe Biden’s administration to let him be.Alex García, a married father of five, was slated for removal from the US in 2017, the first year of Donald Trump’s administration. Days before he would have been deported, Christ Church United Church of Christ in the St Louis suburb of Maplewood offered sanctuary.Sara John of the St Louis Inter-Faith Committee on Latin America said García’s decision to leave the church came after Immigration and Customs Enforcement declared that he was no longer a deportation priority and that the agency would not pursue his detention or removal.García, braced by a hand on his shoulder from a son and fighting back tears, told a cheering crowd of about 100 people that he was separated from living with his family for 1,252 days.“Hi everyone,” García said. “Thank you everyone for showing support for me and my family. Today is the day I’m going to get out of sanctuary after three years and a half.”“We are not done yet,” García said, reading from a written statement. “There is still so much work that has to be done,” he added, noting that he would be fighting for “permanent protection”.In his first weeks as president, Biden has signed several executive orders on immigration issues that undo his predecessor’s policies, though several Republican members of Congress are pushing legal challenges.Myrna Orozco, organizing coordinator at Church World Service said 33 immigrants remain inside churches across the US and that number should continue to drop.“We expect it to change in the next couple of weeks as we get more clarity from Ice or [immigrants] get a decision on their cases,” Orozco said.Others who have emerged from sanctuary since Biden took office include José Chicas, a 55-year-old El Salvador native, who left a church-owned house in Durham, North Carolina, on 22 January. Saheeda Nadeem, a 65-year-old from Pakistan, left a Kalamazoo, Michigan, church this month. Edith Espinal, a native of Mexico, left an Ohio church after more than three years.In Maplewood, emotion spilled out during a brief ceremony marking García’s departure. The church’s bell tolled. Mayor Barry Greenberg’s voice broke as he told García he couldn’t grant him US citizenship, but he could make him an honorary citizen of Maplewood. He presented a key to the city that García’s young daughter immediately took out of the box to play with.“Oh God, we want to burst into song!” Pastor Becky Turner said during a prayer, but noting that prayer “isn’t enough. We have to do the work that we pray for.”Garcia’s exit came just two days after Representative Cori Bush, a St Louis Democrat, announced she was sponsoring a private bill seeking permanent residency for Garcia. Bush said on Wednesday that she will still push the bill forward.“Ice has promised not to deport Alex, and we will stop at nothing to ensure that they keep their promise,” Bush said in a statement.García fled extreme poverty and violence in Honduras, and after entering the US in 2004, he hopped a train that he thought was headed for Houston – but instead ended up in Poplar Bluff, Missouri, a town of about 17,000 residents in the south-eastern corner of the state.He landed a job and met his wife, Carly, a US citizen, and for more than a decade they lived quietly with their family.In 2015, García accompanied his sister to an immigration office for a check-in in Kansas City, Missouri, where officials realized García was in the country illegally. He received two one-year reprieves during Barack Obama’s administration. More

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      California lawmakers push to stop deportations and end jail transfers to Ice

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      Sign up for the Guardian Today US newsletterCalifornia lawmakers are fighting to protect thousands of residents from deportation with new legislation that would stop state prisons and jails from handing over immigrants to US Immigration and Customs Enforcement (Ice).California’s controversial practice of coordinating with Ice agents has received widespread scrutiny in past months, including after the Guardian revealed that the state had transferred two immigrant prisoners to Ice for deportation after they had served as incarcerated firefighters on the frontlines – and after they had completed their sentences.Kao Saelee, 41, was scheduled to leave prison after 22 years behind bars in August. But on the day of his release, when his sister was waiting to take him home, California instead handed him over to immigration authorities. He remains in Ice custody in Louisiana. Bounchan Keola, 39, was reported to Ice by California prison officials in October.Both men had served the state as firefighters while in prison and both were threatened with deportation to Laos, a country their families had fled as refugees when they were young children. The two had been locked up since they were teenagers.Assembly member Wendy Carrillo, of Los Angeles, and other lawmakers on Wednesday unveiled legislation that would ensure that immigrant community members eligible for release from state jails or prisons would not be sent to Ice, but instead would be able to re-enter society and reunite with their families.Supporters of Assembly Bill 937, the Voiding Inequality and Seeking Inclusion for Our Immigrant Neighbors (Vision) Act, say that the practice of transferring people from prison to Ice was a cruel form of “double punishment” that indefinitely separated people from their loved ones after they have served their time. “If it wasn’t for where they were born, these Californians would be able to return home,” Carrillo said.California has no legal obligation to report prisoners to Ice, and despite intense backlash last year, Gavin Newsom, the state’s Democratic governor, has defended the policy and allowed the voluntary transfers to continue. The transfers can affect undocumented people and legal permanent residents, who lose their green cards once they are in Ice custody, due to their criminal records.California has a “sanctuary law”, which means local law enforcement is not supposed to collaborate with US immigration and has a mandate to shield immigrants from deportation threats, but the state has made an exception for local jails and prisons.The transfers are one of the key drivers of deportation in the state. The California department of corrections and rehabilitation (CDCR) transferred an estimated 1,400 people from its custody to Ice last year, according to the Asian Law Caucus, a legal advocacy group supporting the bill. In 2018 and 2019, local jails sent more than 3,700 people to Ice.The practice has been especially concerning during the pandemic when Ice jails and CDCR prisons have both suffered massive and deadly Covid-19 outbreaks in their overcrowded facilities.Keola, who suffered a near-death injury fighting wildfires last year, was freed from Ice custody in January and reunited with his family in the Bay Area for the first time in decades. But the threat of deportation still looms.“I want to get on my feet and work and advocate and help people like myself,” Keola told the Guardian after his release, saying he was hoping to start working as a firefighter. “We should all have that opportunity to have that American life. Hopefully Newsom will stop turning over people like myself.”Last week, Bounchan Keola walked free after 22 years behind bars. He was an incarcerated firefighter who California sent to US immigration at the end of his sentence last year.I chatted with Boun + his sister Thong about reuniting after decades apart. LISTEN: (thread) pic.twitter.com/8E9oJY0x0L— Sam Levin (@SamTLevin) February 7, 2021
      On Wednesday, Keola spoke at a news conference supporting the bill, urging the governor to also issue pardons to him and Saelee, the other jailed firefighter sent to Ice, so that they would no longer be threatened with deportation due to their criminal records. “At any moment, I could be arrested and be deported to Laos, a country I have no ties to.”Spokespeople for Ice and CDCR declined to comment. More

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      Four years after the ‘Muslim ban’ migrants view the US with hope – and caution

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      Their travel documents were meticulous, and security checks showed no red flags. “Your case looks great,” an apologetic American consular officer told Hedieh Elkhlasi’s parents at the US embassy in Armenia. “But because of the executive order, I just can’t print a visa for Iranians.”The rejection was one of tens of thousands issued by US embassies across the world over the four years since Donald Trump signed Executive Order 13769, the first of several attempts to enforce a policy that became notorious as the “Muslim ban”. Legal challenges chipped away at some of the restrictions, but travel bans on citizens from more than a dozen mostly-Muslim majority countries survived – until they were scrapped by President Joe Biden in one of his first acts in office.It was the end of a cruel regime of policies that did nothing to make Americans safer, according to national security experts. Instead, it cut US citizens off from their friends and families, upended educations and careers, and tarnished the reputation of a country that, despite its misadventures in the Islamic world, was still a magnet for ambitious and successful Muslim migrants.Many are now preparing to apply for visas again, hoping Biden’s election will turn the page on a dark era of American history. Some are still wary, wondering if the xenophobia that birthed the Muslim ban will linger long after the order has been scrapped.Of the estimated 42,000 people whose visa applications were turned down as a result of the ban, most were Iranians. Elkhlasi, 30, was born in Tehran but became an American citizen only months before Trump was elected. It felt as if the country to which she had sworn allegiance had turned on her, she says.“I became a US citizen to defend the US and to do whatever it took to count this is as my country,” she says. “But this country was not allowing my parents to even come and visit me, to see my new house. I was heartbroken.”Three weeks before the first ban came into place, Shawki Ahmed’s wife and three children had interviewed for their US citizenship applications at the American embassy in Cairo. The second-generation Yemeni American, a member of the NYPD, had been trying to get his family to the country since the eruption of Yemen’s civil war in 2014.The Trump order threw the process into chaos, he says. “It took two-and-a-half years to sort out: legal fees, I wrote the embassy, used lawyers – nothing.”It became clear the hurdle was not a matter of documents or security tests – it was simply who they were.“I’m a police officer, my father came to this country in 1959, we are law-abiding tax-paying citizens, we’re not dependent on welfare,” Ahmed, 40, says. “But apparently Trump decided those things don’t matter just because of our last name – because we are Muslim.”In Gaziantep, Syrian national Aya Shayah had more riding on the US presidential election than most. Her son, Hisham, requires surgery on his ear that a specialist in Los Angeles can complete six months faster than doctors in Turkey. She had visited her sister in the US a few times since 2013. Visiting Myrtle Beach in South Carolina was “like a movie”, the Syrian national recalls. “People running, and kites in the sky, and dog walking, it was so nice to see that.”She filled out an application to renew her visa in 2016, just before Trump won office. “It was a very long application, they literally wanted every detail of my life from about age five,” Shayah says. “And after all that, there was a six-month silence, and then they rejected me.”With Syrians now allowed to visit, and her sister pregnant again, she will try to return. “Now Trump is gone, I am applying for us again and I hope we will get it, I am feeling positive about it,” Shayah says.Elkhlasi followed the presidential race from London, where she moved after two years of lobbying to allow her parents to enter the US, efforts that she says left her questioning if she could ever really be American. “The ban felt very personal,” she says. “It got me mad, I was in a depression phase. I wondered, ‘Are Americans always going to think of me differently?’”It was the reaction of her colleagues and friends in California to the Muslim ban that gave her faith, she says. “They said they were sorry, that they didn’t know how to apologise – even though it wasn’t their fault. But it made me feel better. It changed my feelings about America, and that’s the only reason I want to give it another try.”Ahmed’s family was stranded abroad for almost three years. “It was very costly emotionally,” he says. “My kids were out of school for close to a year, it was very hard on them; they wanted to know what they had done wrong to be cut off from home and their dad. My mother was sick in Cairo and I couldn’t bring her to America for treatment.”In October 2019, he finally managed to get them to the US, but knows that tens of thousands of others in similar situations had no such luck. “People in the community are definitely joyful that Trump has gone and the ban has been lifted,” he says. “We feel like democracy has been restored. This is the America my father came to: immigrant America is the real America.” More

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      'A moral and national shame': Biden to launch taskforce to reunite families separated at border

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      Joe Biden plans to create a taskforce to reunify families separated at the US-Mexico border by the Trump administration, as part of a new series of immigration executive actions signed at an Oval Office ceremony on Tuesday.Biden condemned Donald Trump’s immigration policies as a “stain on the reputation” of the US.The president pledged to “undo the moral and national shame of the previous administration that literally, not figuratively, ripped children from the arms of their families, their mothers, and fathers, at the border, and with no plan – none whatsoever – to reunify”.The two other orders announced on Tuesday call for a review of the changes the Trump administration made to reshape US immigration, and for programs to address the forces driving people north.A briefing document released before the president’s executive orders said Biden’s immigration plans were “centered on the basic premise that our country is safer, stronger, and more prosperous with a fair, safe and orderly immigration system that welcomes immigrants, keeps families together, and allows people – both newly arrived immigrants and people who have lived here for generations – to more fully contribute to our country”.A central piece of the Tuesday actions is the family reunification taskforce, charged with identifying and enabling the reunification of all children separated from their families by the Trump administration.The government first made the separations public with an April 2018 memo, but about a thousand families had been separated in secret in the months prior. Administration officials said children in both groups would be included in the reunification process.Biden officials said they could not say how many children had to be reunified because the policy had been implemented without a method for tracking the separated families. In an ongoing court case, a reunification committee said in December that the parents of 628 children had not been located.The taskforce will consist of government officials and be led by Biden’s nominee for secretary of homeland security, Alejandro Mayorkas, who was confirmed by the US Senate earlier on Tuesday.A senior administration official said the family separation policy was a “moral failure and national shame” and that reversing the policies that made it possible was a priority.The second action on Tuesday is intended to address the driving forces of migration from Central and South America. Senior administration officials said this included working with governments and not-for-profit groups to increase other countries’ capacities to host migrants and ensuring Central American refugees and asylum seekers have legal pathways to enter the US.It also directs the homeland security secretary to review the migrant protection protocols (MPP), better known as Remain in Mexico, which require asylum seekers to await their court hearings in Mexican border towns instead of in the US, as before.The Biden administration also plans to use this action to bring back some Obama-era policies, such as the Central American Minors (CAM) program, which allowed some minors to apply for refugee status from their home countries.The Trump administration made more than 400 changes to reshape immigration, according to the Migration Policy Institute, and Biden’s third action includes a review of some of these recent efforts to restrict legal immigration.This includes a review of the public charge rule, which the Trump administration expanded to allow the federal government to deny green cards and visas to immigrants if they used public benefits. Though the rule was suspended repeatedly because of lawsuits, its initial introduction created a chilling effect in immigrant communities, with families disenrolling from aid programs out of concerns about its effect on their immigration status.Administration officials said changes to US immigration would not happen “overnight” and that there would be more executive orders.Advocates are still waiting for policies that address immigration detention and Title 42, a Centers for Disease Control and Prevention (CDC) bar on asylum seekers and refugees during the Covid-19 outbreak. An estimated 13,000 unaccompanied migrant children were deported under the order before it was temporarily blocked by a court in November.On Biden’s first day in office, he signed six executive actions on immigration, including to rescind the travel ban on people from Muslim-majority countries and halt funding for constructing the border wall. He also rolled back Trump’s policy that eliminated deportation priorities.Since taking office, Biden has also introduced a comprehensive immigration reform bill to Congress, put a 100-day moratorium on deportations – which has since been blocked in federal court – and rescinded the “zero tolerance” policy that allowed for family separations.On Monday, the Biden administration asked the US supreme court to cancel oral arguments in two forthcoming cases filed by Trump about the border wall and Remain in Mexico. The cases could effectively be moot because of Biden’s actions. More