Washington, D.C. (January 24, 2024) – The Center for Immigration Studies foresees an active and controversial regulatory agenda from the Biden administration during its fourth year in office. In
a new report, the Center outlines and provides insights into the anticipated regulatory changes that will shape immigration policies in 2024.
Elizabeth Jacobs, the Center’s Director of Regulatory Affairs and Policy and author of the report, said, “Over the last three years, the Biden administration has made aggressive use of regulatory power to advance its immigration agenda. I expect the executive branch to continue this practice in 2024.”
A few examples of immigration-related regulatory proposals expected in 2024:
- Asylum Eligibility:
The Biden administration is set to define crucial terms related to asylum eligibility, including “membership in a particular social group.” This has the potential to broaden asylum-related loopholes and undermine border security efforts by encouraging additional illegal immigration.
- Public Health-Related Border Rules:
We predict that, in 2024, the Biden administration will replace the Trump administration’s pandemic-inspired border rule (titled
Security Bars and Processing) with a public health policy of its own, perhaps by eliminating the requirement that asylum officers screen for public health concerns during credible fear interviews.
- Citizenship and Naturalization:
DHS has indicated that it plans to amend regulations governing the citizenship processes, potentially impacting naturalization test requirements, eligibility criteria, and definitions relevant to naturalization eligibility. This proposal would likely expand the number of people who are eligible to naturalize in the U.S.
- Custody, Determination, and Detention Procedures:
DHS and DOJ plan to clarify regulations governing the detention and release of aliens focusing on discretionary detention under section 236 of the Immigration and Nationality Act. Given the Biden administration’s general refusal to detain aliens subject to mandatory detention, this can be expected to restrict ICE officers’ and immigration judges’ authority and introduce additional administrative hurdles.
- Labor Certification for the Permanent Employment of Foreign Workers:
DOL is considering updating the permanent labor certification process affecting STEM occupations. These occupations would be considered “Schedule A” occupations and not require employers to conduct a test of the labor market and apply for a permanent labor certification, potentially leading to increased unfair labor competition and depressed wages.
- H-2A Temporary Agricultural Workers:
DOL has an opportunity to strengthen protections for both U.S. and foreign agricultural workers by requiring employers to pay workers higher wages, restricting law-violators’ ability to petition for foreign workers, and expanding enforcement efforts.
- Further Expansion of Humanitarian Benefits:
DHS is expected to amend regulations related to immigration benefits created by the Violence Against Women Act, including U visa, T visa, and “self-petitioning” benefits, potentially expanding eligibility and work authorization opportunities despite the program being subject to significant fraud and abuse.
In addition to these anticipated proposals, several proposed rules issued in 2022 and 2023 will likely be finalized in 2024, codifying various updates to immigration policy. For example, the Center expects the finalization of USCIS’s fee schedule, adopting an “ability to pay” model.
