2024 Democratic Party Platform: Immigration

Securing our Border & Fixing the Broken Immigration System

On his first day in office, President Biden sent Congress legislation to secure our border, fix our immigration system, and provide a pathway to citizenship for Dreamers and others. This past year, the President worked across the aisle and negotiated a bipartisan deal that included the toughest and fairest set of reforms to secure the border in decades. It would have made our country safer and made our border more secure, while treating people fairly and humanely and expanding legal immigration, consistent with our values as a nation.

Congress failed to act because Republicans, led by Donald Trump, would rather play politics than solve problems. Trump’s plans for a second term will devastate our economy and tear families apart. Trump has said that if he’s elected, he’ll move to immediately deport millions of undocumented immigrants, including those who have lived in and contributed to this country for years. He and his allies have also promised to end birth right citizenship for the children of undocumented individuals, ignore the Constitution and Supreme Court precedent and bar undocumented children from public schools, and once again separate children from their families. Trump’s plans are out of line with American values, and Congressional Republicans are currently blocking President Biden’s bipartisan border security proposals because they lack the courage to stand up to Trump.

Legislation must secure the border,reform the asylum system, expand legal immigration; and keep families together by supporting a pathway for long-term undocumented individuals, improving the work authorization process, and securing the future of the DACA program.

SECURING THE BORDER
The President has already taken steps to increase border resources, working within the limits imposed by Congress. He has increased the number of agents and officers on the southwest border to over 24,000, added thousands of additional support personnel, surged thousands of law enforcement and other personnel from across the Department of Homeland Security, and secured the first significant increase of Border Patrol agents in more than a decade. The Bipartisan Infrastructure Law modernized border stations and land border ports of entry. The Administration is providing support to cities and states, on the border and across the country, that are sheltering migrants. He has also taken executive actions, including launching expedited immigration court dockets, to more quickly resolve immigration cases for those crossing the Southern border and remove those who do not establish a legal basis to remain.

President Biden has repeatedly asked Congress for additional resources to secure our border, including increases for personnel that are critically needed to quickly deliver consequences at the border to those who cross unlawfully. The Department of Homeland Security requested funds to hire 1,300 Border Patrol agents and 1,600 asylum officers. Meanwhile, the bipartisan Senate bill would have provided an additional 1,500 Customs and Border Protection personnel and 4,300 asylum officers. Congressional Republicans continue to play partisan politics with the security of our border instead of working with Democrats to fund these critically needed resources for DHS and border communities.

Reform the Asylum System
Congress must pass legislation to reform our asylum system modeled after the bipartisan Senate deal so that we can quickly identify and provide protection to those who are fleeing persecution and ensure it is not used as an alternative to legal immigration by others. Democrats believe that asylum processing should be efficient and fair, and that those who are determined not to have a legal basis to remain should be quickly removed. In order to achieve this, we need Congress to strengthen requirements for valid asylum claims. Congress must also finally fund a sufficient number of asylum officers and immigration judges to facilitate timely decisions. In addition, asylum seekers, especially the most vulnerable, including unaccompanied children, should have access to legal counsel. Individuals who pass this strengthened initial screening and are determined to be likely to qualify for asylum should be given quick access to work authorization while they go through a streamlined court process.

After Congress repeatedly failed to act, President Biden announced executive action that significantly curtailed asylum eligibility at the border when crossings reach a certain threshold and strengthened our ability to impose timely consequences for crossing the border illegally. Those who attempt to cross into the United States unlawfully are being quickly returned to their home countries, as well as Mexico. Since the President took this action, unlawful entries between ports of entry declined by more than half. And, President Biden is changing the asylum process to more quickly screen and identify individuals who pose a threat to national security or public safety so that they can be swiftly removed.

Temporary Emergency Authority to Shut Down the Border
When the system is overwhelmed, the President should have emergency authority to expel migrants who are crossing unlawfully and stop processing asylum claims except for those using a safe and orderly process at Ports of Entry. The authority should be accompanied by humanitarian exceptions for vulnerable populations including unaccompanied children and victims of trafficking.

Congress should also dedicate resources to detain and remove individuals quickly, and rapidly process those who cannot be detained in a non-custodial setting under government supervision. Those who pose a threat to public safety or national security must be identified and removed as quickly as possible.

Fighting Human Trafficking
We need more resources and Congressional authorization to increase penalties to prosecute and punish human smugglers and traffickers who prey upon families and migrants. President Biden has already taken numerous steps to go after these bad actors including by revoking the visas of private sector CEOs and sanctioning government officials who profit from migrants coming to the U.S. unlawfully, and by expanding efforts to dismantle human smuggling and prosecute offenders.

President Biden also established Joint Task Force Alpha, a law enforcement task force that marshals the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico and the Northern Triangle countries of Guatemala, El Salvador, and Honduras. Joint Task Force Alpha has delivered significant results, including: over 240 U.S. convictions against leaders, organizers, and significant facilitators of human trafficking and substantial seizures and forfeitures of assets including cash, property, and firearms.

Cracking Down on Trafficking Illicit Fentanyl
President Biden has made fighting the trafficking of fentanyl a top priority. He has seized record amounts of fentanyl at our border— and arrested more individuals for fentanyl-related crimes in the last two years than in the previous five years combined—and secured funding for more cutting-edge inspection machines to help detect fentanyl at our southwest border. He also issued an Executive Order to go after the global illicit fentanyl trade, which led to the imposition of sanctions on some 300 persons and entities. President Biden has also continued working with Mexico to extradite and prosecute key fentanyl traffickers, and negotiated the resumption of bilateral cooperation on counternarcotics with China, which had been stalled since 2019. As a result of these efforts, the number of fentanyl-related deaths has started to decline for the first time in five years.

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EXPANDING LEGAL IMMIGRATION & DETERRING ILLEGAL IMMIGRATION
America is a nation of immigrants. The legal immigration framework was last updated in 1990 and does not reflect the needs of our country in the 21st century. Many immigrants today are forced to wait years, and often decades, to immigrate lawfully to the United States. A robust immigration system with accessible lawful pathways and penalties for illegal immigration alleviates pressure at the border and upholds our values. The U.S. Citizenship Act would permanently increase family-sponsored and employment-based immigration. The bipartisan border legislation would increase the number of immigrant visas that are available by 250,000 over 5 years.

Legal Immigration Pathways
While we wait for Congress to act, President Biden has used his authority to provide orderly, legal immigration pathways for those fleeing violence, and decrease the number of illegal border crossings. The Biden-Harris Administration established a humanitarian parole process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), which allows people from these four countries who have a sponsor in the U.S. and who pass a background check to come to the U.S. for a period of two years to live and work lawfully. Border encounters from these nationalities decreased by 89 percent in the first six months after CHNV was put in place—incentivizing migrants to stay in place, rather than make the dangerous journey to our southwest border.

He also established New Family Reunification Parole Processes to allow eligible individuals from El Salvador, Guatemala, Honduras, Colombia, Cuba and Haiti to be reunited with family in the United States while they wait to complete the process for securing lawful permanent residence.

The United States has long been a leader in refugee resettlement, providing a beacon of hope for persecuted people around the world, facilitating international efforts to address record displacement, and demonstrating the generosity and core values of the American people. After Trump decimated the program, President Biden rebuilt the U.S. Refugee Admissions Program, which is now on track to admit more than 100,000 refugees this fiscal year, the most in three decades. The Administration also established Safe Mobility Offices in countries throughout the Western hemisphere, where migrants can be processed for refugee admission or referred to resettlement programs elsewhere – rather than making their way to our border. And, the Administration expanded opportunities for communities and individual Americans to sponsor and welcome refugees to the United States.

President Biden has worked closely with partners throughout the region – including, most importantly, the government of Mexico – to undertake coordinated actions to stop the flow of migrants before they reach our border. And he has supported our regional partners through the LA Declaration process – working together on coordinated enforcement, development of lawful pathways, and efforts to address the root causes of migration.

As outlined in the U.S. Citizenship Act, Congress must act to increase the number of family-sponsored and employment-based immigrant visas that are available each fiscal year so that people aren’t forced to wait decades for a visa. Legislation should also include provisions to ensure that children who came as dependents on their parents’ temporary visas can remain in the United States with their families, even after turning 21, provisions to streamline applications of at-risk Afghan allies to the U.S. Refugee Admissions Program, and a process for Afghan evacuees to have their status adjusted to lawful permanent resident.

Legislation should also extend work authorization to those who utilize lawful visa pathways so that families can more quickly get on the path to economic self-sufficiency. This includes K-1, K-2, and K-3 nonimmigrant visa holders (fiancés, spouses, children of U.S. citizens), and the spouses and children of high-skilled temporary visa holders. And, Democrats will explore opportunities to identify or create work permits for immigrants, long-term undocumented residents, and legally processed asylum seekers in our country.

Congress should also increase the number of visas for the Special Immigrant Juvenile Status program for abused, abandoned, or neglected youth, building on actions that the Administration has already taken to provide deferred action and work authorization for juveniles in this program.

Keeping Families Together and Supporting Long-Term Undocumented Individuals, including Dreamers
In 2012, then-Vice President Biden worked alongside President Obama to establish the Deferred Action for Childhood Arrivals (DACA) program. Since then, President Biden has taken steps to support undocumented people and families, including Dreamers and DACA recipients. President Biden has vigorously defended DACA against legal challenges in the courts, and has extended Affordable Care Act coverage to DACA recipients for the first time. In addition, President Biden is taking action to make it easier for Dreamers, including DACA recipients, who have earned a higher education degree in the United States and have a job offer to more quickly receive work visas. And, the Administration allowed undocumented workers in labor disputes to apply for deferred action so that they are not afraid to report violations of labor law. Trump tried to end the DACA program in his first term and will do so again if re-elected.

President Biden also announced new actions to keep an estimated 500,000 American families together by allowing certain noncitizen spouses and children of U.S. citizens who have been in the country for 10 years or more to apply for lawful permanent residence—a status they’re already eligible for—without leaving the country first. The average beneficiary has been in the United States for more than 20 years, and will finally be able to come out of the shadows and fully contribute to our communities.

President Biden has also taken steps to preserve and expand Temporary Protected Status (TPS) for individuals from countries experiencing armed conflicts, natural disasters, or other crises, giving thousands authorization to live and work in the United States without fear of deportation for a temporary period. Since 2021, DHS – which oversees the program – has added Afghanistan, Cameroon, Ethiopia, Myanmar, Ukraine and Venezuela to the list of TPS-eligible countries. DHS has also extended TPS for immigrants from most countries that were already covered by TPS, including the countries that Trump attempted to terminate.

Congress must pass legislation to provide a pathway to citizenship for Dreamers, farmworkers, careworkers, and other long-term undocumented individuals who contribute to this country, by paying taxes and contributing to their local economies, and in his second term, President Biden will continue pressing them to do so.

Fast, Efficient Immigration Decisions
Immigration officers have to make the right decisions, and they also have to make them quickly and efficiently. Under the Administration, U.S. Citizenship and Immigration Services (USCIS) has cut processing times significantly for those awaiting work authorization and ensured that immigration decisions – including naturalization and work permit applications – are made fairly and as quickly as possible. As of April 2024, the Administration achieved the lowest wait time for naturalization since 2016 and the lowest wait time for work authorization documents from certain categories of applicants since 2017. In FY 2023, USCIS administered the oath of allegiance to more than 878,500 new U.S. citizens, including 12,000 members of the military, effectively eliminating the backlog of naturalization applications. It also reduced the median processing time for naturalization from 10.5 months to 6.1 months.

The Administration has also partnered with state governments and non-profit groups to host Work Authorization Clinics, which have eased the burden on American communities by helping migrants support their families and move out of emergency shelter into more stable housing options. It will also help to fund community-based organizations that host clinics to assist with immigration cases.

To make scheduling appointments at U.S. ports of entry safer and more orderly, the Administration launched CBPOne, a free online tool available to migrants in parts of Mexico. Scheduling appointments makes the process at our border safer and more orderly, and the advance information that is submitted to CBP creates a more efficient and streamlined process for CBP and for individuals. CBPOne has increased administrative processing capacity fivefold since its introduction.