After helping Joe Biden win the presidency, and Democrats win the Senate, Latino activists vowed to pressure both the new administration and congressional Democrats to implement comprehensive immigration reform. Their efforts appear to have yielded at least initial success, with Biden moving immediately upon taking office to make good on some of his promises on immigration.
Shortly after his inauguration, Biden signed a series of executive orders, including revoking the Muslim travel ban, reinstating the DACA program, and halting construction of the U.S.-Mexico border wall.
Biden also unveiled an immigration bill, named the U.S. Citizenship Act of 2021, that includes a path to citizenship for the 11 million undocumented immigrants currently residing in the U.S.
The moves come on the heels of months of speculation—and concern—among advocates about what Biden would do. At times during his campaign and in the weeks following his election win, Biden seemed to equivocate on his promise for immediate action. Earlier this month, his transition team signaled that undoing Trump's border policies would take time. Now, however, Biden appears to have embraced activists' calls to fast-track reform.
Pressure from activists
In spite of a global pandemic, Latino organizers worked to mobilize Latino voters both in the general election and the Georgia Senate runoffs. While much has been written about Republican-voting Latinos in parts of Florida and Texas, Latinos overwhelmingly voted in favor of Biden and were instrumental in Democratic victories in the key swing states of Arizona, Wisconsin, Pennsylvania and Georgia.
But while progressive Latino activists have celebrated Trump's defeat, they aren't done fighting, especially when it comes to immigration reform.
"Democrats have relied on Latino voters to deliver in Georgia. After this election, Democrats need to deliver big in return," wrote activist Adelina Nicholls in an op-ed for CommonDreams. Nicholls serves as director of the Georgia Latino Alliance for Human Rights (GLAHR), an organization that co-led the Georgia con Ganas campaign to mobilize Latino voters in the Georgia Senate runoffs.
Although several Latino organizations have pointed out that immigration is just one of the many issues Latinos care about, it is still nevertheless an important issue for them. According to Nicholls, one out of every four voters contacted by the Georgia con Ganas campaign ranked immigration as their top issue.
Campaign promises
One of the big promises of Biden's campaign was his vow to undo the Trump administration's immigration policies, which included separating children from their families at the border, detaining asylum seekers, declaring a national emergency to secure funding for the construction of a wall between Mexico and the U.S., and repeated attempts to overturn DACA.
The Biden camp called the results of Trump's immigration policies a "moral failing" and a "national shame." As a result, Biden promised to take action during his first 100 days, "immediately" reversing the previous administration's border and asylum policies.
When Biden's transition team appeared to signal that undoing Trump's policies would take time—at least six months, according to some officials—immigration advocates increased their pressure on Biden. They also made it clear that they won't be satisfied with Democrats simply rolling back Trump-era policies.
Taking action
Last week, grassroots groups Mijente and Make the Road New York launched a digital campaign to urge Biden to take immediate action on immigration.
Their campaign video states that while immigration activists mobilized their communities to vote for a new administration, the immigration enforcement system needs a major overhaul—and not just a return to pre-Trump policies.
"Our people were apprehended, caged, deported and abused well before Trump took office, and those abuses will continue unless there is immediate action. That's why we're calling for President-elect Biden not just to reverse all of Trump's heinous policies but to also issue a blanket moratorium on all immigration enforcement actions and begin an immediate, thorough, and wide-ranging investigation into DHS."
"A return to the Obama years would mean more desperation, more deportations, and more death," wrote Mijente in a recent blog post in which the organization laid out six policies the Biden administration can take to improve the lives of immigrants.
These, it should be noted, do not require congressional approval. While Democrats will have control of the Senate, they may not have the votes necessary to enact progressive immigration policies.
That's why groups like Mijente believe that Biden's actions aren't enough and are calling on Biden to use his executive powers.
Mijente's suggestions are: a moratorium on deportations and enforcement actions, a thorough investigation into the Department of Homeland Security and the abuse allegedly committed in detention facilities, ending Operation Streamline and the criminalization of migration, abolishing the programs and agreements that facilitate information sharing between local and federal officials, terminating contracts with for-profit prisons and detention centers, and ending the surveillance of Black, brown, and immigrant communities.
"The historic turnout of Black, Latinx, & immigrant communities in GA was thanks to years of grassroots organizing in communities that often go ignored. Latinos delivered for Democrats in the presidential election and in the #GASenate runoff elections," Mijente wrote on Twitter.
"Now that Democrats have control of the White House, the Senate, and Congress, it's time for the party to deliver big in return," Mijente added.
United We Dream, the nation's largest immigrant-youth-led network, is also calling for Democrats to pass legislation that will grant citizenship to the 11 million undocumented people living in the U.S.
Sanaa Abrar, advocacy director of United We Dream, said that in addition to providing citizenship for undocumented immigrants, legislation "must include a moratorium on enforcement and deportation, swift executive actions to protect immigrant youth and TPS holders as they await permanent relief, the release of immigrants held in ICE and CBP detention, and the right for people to come home who have been deported. In addition, the incoming administration must defund ICE and CBP and hold these agencies accountable for the pain and deaths of immigrants."
Greisa Martinez Rosas, United We Dream's executive director, told the New York Times, "We need a clear and unapologetic intervention in the direction the country is going. "The time is done for compromises. The time is now for bold change. Our movement and our power are undeniable. Our demands are undeniable. We are ready."
"We urge him to work with us"
Some grassroots groups are taking to the streets to make their voices heard. Last month, advocacy groups like CASA in Action, Make the Road Action and others led a caravan to Wilmington, Delaware—Biden's hometown—to demand justice for immigrants, Black and brown communities and Puerto Rico.
"During the presidential elections, our communities helped ensure Biden's victory because he promised to deliver concrete policies that would bring justice to our people," said Make the Road Action member Martin Torres.
Torres added, "Now, as [Biden] prepares to take office, we urge him to work with us to deliver an overhaul of immigration enforcement, including the moratorium on deportations, and pathway to citizenship for all 11 million undocumented immigrants."
"The role of the immigrant, Puerto Rican and Black community in electing Biden-Harris is undeniable," said CASA in Action's president, Gustavo Torres. "Now, we forge ahead to claim what we have fought for and work closely with the new administration for a package benefiting communities of color, one that recognizes the hard work accomplished even during the worst of the Trump administration."
Biden responded to the event in a letter, stating that he was "grateful for the critical role" these communities played in the election.
"When the lives of immigrants and people of color were on the ballot in this election, you stepped up to the challenge of defending these communities," Biden said, "reminding the world that we can be a nation united, healed and strengthened through adversity."
"Please know that you will always have a seat at the table. I welcome your advice and I am ready to partner with you in the weeks, months, and years ahead," Biden added.
New legislation—and its prospects
According to a summary of the U.S. Citizenship Act of 2021 shared with reporters, the legislation "modernizes our immigration system, and prioritizes keeping families together, growing our economy, responsibly managing the border with smart investments, addressing the root causes of migration from Central America, and ensuring the United States remains a refuge for those fleeing persecution."
The bill's path for citizenship envisions an eight-year process. Undocumented individuals will be able to apply for a green card after five years, provided they pass criminal and national security background checks. After an additional three years, they can apply for citizenship.
In order to qualify, however, undocumented immigrants must have been present in the U.S. prior to Jan. 1, 2021. The bill stipulates that a judge may waive this requirement in some cases on humanitarian grounds.
The naturalization process may be quicker for some, including DACA recipients, agricultural workers, and those under Temporary Protection Status (TPS). Undocumented immigrants from these groups would be eligible to apply for a green card immediately.
Additionally, the bill also includes $4 billion in increased aid to El Salvador, Guatemala and Honduras in order to address some of the underlying causes for migration from Central America.
For some activists, an immigration bill isn't enough, especially after Latinos helped deliver the White House and the Senate for Democrats. In turn, it seems highly unlikely that the proposed legislation could secure passage in Congress. On this issue, like so many others in coming years, Biden is likely to struggle to repay political debts in a city where Republican lawmakers will often have the power to block his agenda.
