Deregulating Legal Immigration: A Blueprint for Agency Action

Abstract

President Trump restricted legal immigration through a series of unprecedented regulations and presidential orders during his one term. Once President‐​elect Joe Biden takes office, he will have the opportunity to reverse these actions and deregulate what is—and was even before Trump—an overly burdensome and expensive legal immigration system. This compendium of 30 concise proposals by 15 authors—including several of America’s leading immigration law experts—can help the Biden administration operate the immigration system as openly and efficiently as the laws allow.

These proposals focus entirely on agency measures to improve the process for legal immigrants. Keeping with Biden’s campaign theme of “building back better,” they look past simply repealing Trump’s misguided executive actions to instead create new, better rules for a fully recovered America. For this reason, these reforms do not address temporary actions needed only to address COVID-19 nor do they specifically focus on repealing regulations or orders promulgated during the Trump administration.

Congress would still need to pass better laws to eliminate many of the statutory restrictions that these agency actions only help ameliorate, but this compendium should serve as a blueprint for how a new administration can deregulate legal immigration to the fullest extent possible under the laws that exist today.

Keywords: immigration, executive orders, immigration law, COVID-19, immigrants, undocumented

JEL Classification: F2, F20, F22, H59, H77