The Biden Administration's Broken Promises

At the height of the pandemic and uprisings across the country - then presidential candidate Joe Biden rode a wave of support based on promises to take a progressive stance on immigration and to un-do the four years of harm that the Trump administration caused. Looking back at the last four years, we ask - did President Biden live up to his promises?

January 20, 2021
President Biden sworn as 46th President of the United States 
January 20, 2021
On his first day in office, President Biden issues a number of executive orders repealing several Trump policies including: 

1. End efforts to exclude undocumented people from the census. 
2. Halt construction of border wall 
3. Revoke “Muslim Ban” 
4. Cancel Trump’s Interior Enforcement Rule 
January 20, 2021
President Biden announces a 100-day moratorium on deportations, a movement-wide demand during the campaign trail.
January 26, 2021
President Biden issues an executive order directing the Department of Justice not to renew prison contracts with private companies. The order excludes ICE detention centers.
January 27, 2021
Representatives Ayanna Pressley (MA-07), Jesús “Chuy” García (IL-04), Pramila Jayapal (WA-07), and Karen Bass (CA-37) reintroduce the New Way Forward Act in the House of Representatives. The legislation tackles criminalization by rolling back harmful immigration laws that result in racial profiling, mass incarceration, and separation of immigrant families. 
February 18, 2021
ICE director issues memorandum to carry out DHS enforcement priorities. The memo relies on false narratives of “public safety” and “national security” targeting immigrants with criminal-justice system contact. 
February 18, 2021
The “U.S. Citizenship Act of 2021” Biden’s immigration bill introduced in the House by Rep. Linda Sanchez (D-California) and in the Senate by Senator Menendez (D-New Jersey). The legislation barred people with a broad range of convictions - bars that are in existing law and new ones.

The legislation fails to advance in both chambers.
February 23, 2021
U.S. District Judge Drew Tipton indefinitely blocks the Biden administration’s 100-day moratorium on deportations.
March 6, 2021
Texas Governor Greg Abbott launches Operation Lone Star. The scheme uses state law enforcement and National Guard to militarize the border and arrest thousands of immigrants who are charged with trespassing. The Biden Administration fails to challenge the program.
March 11, 2021
🎉 The Biden administration rescinds Trump’s public charge rule. The rule allowed federal immigration authorities to reject visa and green card applications submitted by individuals likely to become reliant on public aid.
March 30, 2021
The Department of Health & Human Services opens a detention center or “Emergency Intake Site” for unaccompanied children in Fort Bliss, El Paso, Texas.

Advocates draw attention to the abuse and neglect inside the detention centers.
April 5, 2021
The Department of Health & Human Services opens a detention center or “Emergency Intake Site” for unaccompanied children in Pecos, Texas. 

Reports of poor conditions and neglect continue.
April 15, 2021
🎉 Washington State Governor Jay Inslee signs HB1090, law banning private detention or prison in the state. 

The Northwest Detention Center will close in 2025, when the contract with ICE expires.
April 28, 2021
Nearly 100 people at the Aurora Detention Center in Colorado test positive for Covid-19. 
Covid cases inside detention centers continue to grow nationwide.
April 29, 2021
At a rally to mark his 100 days in office, organizers calls on President Biden to close immigration detention centers. 

President Biden responds, “I agree with you. I’m working on it, man. Give me another five days.”
“Private detention centers should not exist and we are working to close all of them.” - President Biden
May 20, 2021
🎉 After years of organizing, Secretary of Homeland Security Alejandro Mayorkas directs ICE to discontinue the use of Bristol Detention Center in Massachusetts and Irwin Detention Center in Georgia. 

​​Both facilities had a long history of human rights abuses.
May 31, 2021
ICE’s mass surveillance program continus to grow. By May, 2021, more than 96,000 were enrolled.
“Calling for the end to immigrant detention also means the end to any and all programs that treat immigrants as security threats and subjects to surveillance” - Just Futures Law
June 1, 2021
The Biden Administration moves to end the Migrant Protection Protocols (MPP) or so-called “Remain in Mexico” policy. 

Conservative states sue the administration and the program continues throughout the litigation.
July 1, 2021
🎉 After nearly 30 years, York County Prison in Pennsylvania ends its contract with ICE. 

While advocates called for immediate release of all people detained, many were transferred to other detention centers.
July 8, 2021
The number of people in detention jumps to 27,217 📈
August 2, 2021
🎉 Illinois Governor J.B. Pritzker signs the Illinois Way Forward Act. The law will end all ICE contracts in the state.
August 10, 2021
Covid-19 outbreak at the Northwest ICE Processing Center in Tacoma, Washington. 
150 cases confirmed. 
August 17, 2021
🎉 After years of community pressure, the Essex County Jail in New Jersey announces it no longer houses people in immigration detention.
 
Hudson County and Bergen County follow in ending their contract with ICE.
August 20, 2021
🎉 Following years of pressure from community organizations, New Jersey Governor Phil Murphy signs legislation banning private and public facilities from entering contracts with ICE.
September 21, 2021
Customs and Border Patrol agents on horseback attack Haitian migrants in Del Rio, Texas. The images cause uproar and lead to an internal investigation, but agents are not terminated or held accountable for their actions.
September 27, 2021
In just nine days, the administration deports nearly 4,000 Haitian migrants using Title 42. 
The Biden Administration continues to expand Title 42, a Trump-era policy that used the Covid-19 pandemic as an excuse to deport thousands of migrants.
Title 42 - A public health law used by the Trump Administration to expel thousands of migrants. 
September 30, 2021
During Fiscal Year 2021, ten people die while in ICE or CBP custody.
September 30, 2021
The Department of Homeland Security (DHS) announces new deportation enforcement guidelines, which continue to rely on flawed concepts of “public safety,” “national security,” and “border security” that lead to increased detention and deportation
October 6, 2021
The Biden Administration waives 26 federal laws in South Texas to expand the border wall. The border wall construction will be an additional 20 miles.
December 1, 2021
The number of people under ICE surveillance through the so-called “Alternatives to Detention (ATD)” program skyrockets to more than 150,000 for the first time.

“The only alternative to detention is freedom” - Detention Watch Network report
December 7, 2021
Maryland passes the Dignity Not Detention Act, which prohibits state or local governments from entering into new agreements for ICE detention.
December 22, 2021
A group of Haitian asylum seekers file a class-action lawsuit against the Biden Administration due to violations of human rights, physical abuse, and racial discrimination.
January 14, 2022
The number of people in detention infected by Covid-19 surge by 520%.

Advocates continue to call for mass vaccinations and releases.
February 2, 2022
The Centers for Disease Control rules to extend Title 42. 

Adds to the more than 1 million expulsions since the implementation of Title 42.
February 17, 2022
20,000 Haitian migrants deported since Biden’s inauguration.
March 25, 2022
🎉 After years of organizing and exposing dangerous conditions inside Etowah County Detention Center, ICE announces it will terminate the contract. 

Etowah served as a detention center for more than 25 years.

“This is an important win for the immigrants rights movement” - Detention Watch Network
March 27, 2022
President Biden’s budget request calls for 9,000 fewer immigration detention beds but expands tech surveillance.
April 26, 2022
The ACLU releases a report on the use of 287(g), a program used by local and state law enforcement to target, detain, and deport immigrants in the U.S. 

Despite making a campaign promise to terminate all 287(g) agreements, the Biden administration refuses to act. 
May 2, 2022
In California, the Biden Administration continues to resist the state’s wrongful conviction law, and continues to seek deportations based on convictions that have been eliminated.
May 7, 2022
More than 239,00 people are under ICE’s “Alternatives to Detention” mass surveillance program, which includes ankle monitors, house arrests, etc.
June 30, 2022
The Supreme Court rules that the Biden administration has the legal authority to end the “Remain-in-Mexico” program. 

The policy was used by the Trump and Biden administration to prevent asylum seekers from coming to the U.S.
September 30, 2022
By the end of ICE’s Fiscal Year 2021-2022, approximately 321,000 individuals are enrolled in Alternatives to Detention (ATD) program.
September 30, 2022
During ICE’s Fiscal Year 2021-2022, three people die in detention.
October 6, 2022
President Biden grants federal pardons for people convicted of marijuana possession (it also applies to people who committed without conviction). 

The pardon excludes any immigrant who is not a “lawful permanent resident” or who was not “lawfully present” at the time of conduct.

The Department of Homeland Security continues to interpret immigration law to subject people to deportation for pardoned drug offenses.
"The [Biden] administration really should be much more actively ensuring that immigrants are not left out of initiatives like this." - Sirine Shebaya, National Immigration Project, National Lawyers Guild
November 20, 2023
The number of people in immigration detention jumps to 30,000.
December 23, 2023
In Georgia, the Biden Administration defends Trump-era Attorney General William Barr’s immigration decision to not respect certain state court sentence modifications, resulting in immigrants being unfairly left out of state sentencing reform.
January 31, 2023
🎉 Berks County Detention Center in Leesport, Pennsylvania ends contract with ICE. 

The detention center had a long history of abuse and neglect.


“After eight long years of fighting, we finally Shut Down Berks” - Flor Gonzalez, organizer
February 25, 2023
The New York Times releases a report documenting how hundreds of unaccompanied minors are exploited for their labor in industries across the country.  
March 29, 2023
The New Way Forward Act reintroduced in Congress. The legislation would end mandatory detention, limit the jail-to-deportation pipeline, decriminalize migration, and provide an opportunity to come home to people deported.
March 31, 2023
Between February 2021 and March 2023, the Biden administration expelled approximately 2,358,093 migrants under Title 42.
May 11, 2023
Title 42 ends after the expiration of the national COVID-19 public health emergency. 

Title 42 is replaced by asylum ban policies that restrict migration to the U.S.
June 6, 2023
🎉 Colorado Governor Jared Polis signs HB 23-1100 which bans state jails and prisons from signing new agreements to hold people in immigration detention.
July 19, 2023
President Biden sides with private prison company CoreCivic and calls for the Elizabeth Detention Center (EDC) in New Jersey to remain open, despite state law banning immigrant detention. 

Organizers continue to fight to close EDC. 
September 8, 2023
The Biden Administration opens up a rulemaking process for immigration court cases but also overtly states that it will not reconsider anti-immigrant regulations that exclude immigrants from criminal system reform (by continuing to use convictions and sentences that have been vacated or changed by criminal courts). 
September 10, 2023
The number of people in immigration detention rises to 35,589 - more than double what is was when Biden took office.
September 13, 2023
In New York, the Biden Administration defends Trump-era Attorney General Jeff Sessions’ immigration decision that refused to give effect to state misdemeanor sentencing reform, essentially discriminating against immigrants.
September 30, 2023
Four people died in detention during ICE’s Fiscal Year 2022-2023.
October 6, 2023
Between April, 2022 and October 6, 2023, Texas Governor Greg Abbott bused more than 50,000 migrants to major U.S. cities, including New York City, Denver, Washington D.C., Philadelphia, and Los Angeles
November 17, 2023
Over 100 people go on hunger strike at Northwest Detention Center in Tacoma, Washington to protest poor conditions.
November 21, 2023
Immigrant rights groups release an open letter calling on more organizations to stand in solidarity with Palestine and demand an immediate ceasefire in Gaza.
December 18, 2023
Texas Governor Greg Abbott signs Senate Bill 4, a law that grants state law enforcement the authority to stop, arrest and detain anyone they believe is in Texas without authorization. 

The law also gives magistrate judges the power to deport people.
December 22, 2023
The Biden Administration issues a second proclamation granting pardons to people convicted of simple possession of marijuana.
December 30, 2023
More than 194,000 people are surveilled by ICE’s “Alternatives to Detention Program”
January 29, 2024
President Biden negotiates with Republicans to get military funding for Israel and Ukraine, in exchange for cuts to asylum, border militarization, and mass deportation authority. 

Funding bill passes without immigration provisions.
February 23, 2024
The Board of Immigration Appeals again allows ICE to use vacated convictions (criminal court decided it was no longer a conviction) to trigger deportation.
February 29, 2024
President Biden travels to Brownsville, Texas and praises Customs and Border Protection (CBP) agents, and calls for more funding to militarize the border.
February 29, 2024
A federal judge temporarily blocks SB4, Texas’ unconstitutional and
anti-immigrant law from taking effect.
March 7, 2024
President Biden delivers his State of Union address and uses dehumanizing and xenophobic word to describe immigrants.
March 26, 2024
After the Supreme Court allowed SB4, Texas’ anti-immigrant legislation, to go into effect, the 5th Circuit quickly stepped in to block the law. 
April 18, 2024
Mass campus protests and encampments in support of Palestine spring up in more than 100 colleges and across 39 states. Some Republicans call for international students who participate in protests to be deported.
April 30, 2024
Following Texas, a number of Republican-led state legislatures started to introduce or pass anti-immigrant copycat bills. The following states have passed or are considering anti-immigrant legislation: Oklahoma, Iowa, Georgia, Louisiana, Arizona, North Carolina, South Carolina, Kansas, Missouri, Kansas, Wyoming, Idaho, New Hampshire, Ohio, Tennessee, and West Virginia.
May 9, 2024
President Biden announced a new federal rule that would further restrict the right to asylum and fast-track deportations for people it considers “threats to public safety and national security.”
May 26, 2024
The Biden Administration moved to reclassify marijuana from a Schedule I to Schedule III drug. 

Advocates have criticized this move because it fails to stop marijuana arrests, free people in prison, restore their rights after a conviction - and for immigrants, marijuana use continues to be a deportable offense.
May 30, 2024
The Administration announced plans to further criminalize migration by increasing prosecutions of immigration related violations.
June 4, 2024
President Biden continued his attacks on asylum by issuing an executive order that allows him to suspend normal processing for asylum seekers once the daily average of people seeking to enter the U.S. (average daily encounters) reaches 2,500 for a week. 

A similar order was issued by President Trump in 2018.
June 18, 2024
The Biden Administration announced a new parole in place (PIP) program for the undocumented spouses and children of U.S. citizens. 

This program will allow about 550,000 people to adjust their status without having to leave the U.S.
Today
It’s clear that the Biden Administration has failed to live up to its promises.

We demand action. We call on President Biden to:

  • End private detention nationwide;
  • End 287g agreements nationwide; and
  • End mass deportations.

Additionally, we demand the Biden Administration take action to:

  • Decriminalize migration;
  • End cooperation between police and ICE;
  • End cooperation with anti-immigrant state laws and policies (i.e.
    Texas Governor Greg Abbott’s Operation Lone Star); and
  • Allow those who were deported because of their contact with the criminal legal system to reunite with their loved ones in the US.
Read the full list of demands