Creating a Regional Framework To Address Causes of Migration

Feb 5, 2021
Feb 5, 2021

Summary

Sets up a plan to deal with why people migrate from Central America and to make the asylum process at the U.S. border safer and more orderly.

What problem does this solve?

Many people flee their homes in Central America because of violence, instability, and few opportunities, creating a crisis at the U.S. border. This order creates plans to fix the root causes of migration and restores a safe and fair asylum process in the United States.

What does this order do?

Revokes past immigration orders
Immediately cancels several executive orders and presidential memos from the previous administration that focused on strict border enforcement and limiting asylum.
Creates new strategies for migration
Directs the government to create two main plans: one to address the root causes of migration in Central America and another to manage migration collaboratively with other countries.
Reviews the 'Remain in Mexico' policy
Requires the Secretary of Homeland Security to review and decide whether to end the Migrant Protection Protocols (MPP), a program that made asylum seekers wait in Mexico for their U.S. court hearings.
Addresses root causes of migration
Focuses on fixing problems in El Salvador, Guatemala, and Honduras, such as corruption, violence, and economic inequality, that cause people to leave their homes.
Restores and improves asylum processing
Orders agencies to create safe and orderly ways to process asylum claims at the border, consistent with public health and safety.
Expands legal ways to come to the U.S.
Directs a review of refugee and visa programs to increase access for people from the Northern Triangle countries.
Reviews asylum rules for violence victims
Requires a review of asylum rules to ensure the U.S. protects people fleeing domestic or gang violence, in line with international standards.
Considers ending asylum agreements
Directs the Secretary of State to consider ending agreements with Guatemala, El Salvador, and Honduras that allowed the U.S. to send asylum seekers to those countries.

Who does this affect?

  • Asylum seekers from North and Central America
  • Immigrants from El Salvador, Guatemala, and Honduras
  • U.S. immigration and border agencies

What is the real world impact?

Creates a more humane immigration system
Shifts U.S. policy to focus on the reasons people migrate, such as violence and lack of opportunity, rather than only on border enforcement. Aims to make the asylum process safer and more orderly for those seeking protection.
Reverses previous immigration policies
Cancels several executive orders and policies from the past administration that restricted asylum and increased border enforcement. This order represents a significant change in the government's approach to immigration.

When does this start?

This order takes effect immediately on February 2, 2021, and sets several deadlines for government agencies to complete reviews and reports.
Report on expedited removal process
Within 120 days of the order (by June 2, 2021), the Secretary of Homeland Security must provide a report on making the expedited removal process more efficient and fair.
Review of asylum rules
Within 180 days of the order (by August 1, 2021), a review must be completed on asylum rules for those fleeing domestic or gang violence.
New asylum regulations
Within 270 days of the order (by October 30, 2021), new regulations must be issued to define what counts as a 'particular social group' for asylum claims.