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Trump Policies That May Be Finalized Before Inauguration Day 2021



A very Interesting editorial has been published by AILA examining all trump policies that are still able to become legitimately finalized and applied as rules during a Biden administration.

Here is a list of Some of the most Pertinent Possible rule changes that can be finalized in the final days of the trump administration.


Presidential Actions: Easy for an administration to enact and just as easy to rescind via a new administration.

The two major executive orders that may come in the weeks ahead are:

  • "Presidential Proclamation 10014, 10052 and Executive Order Limiting Birthright Citizenship."

Regulations: that are pending review at the Office of Information and Regulatory Affairs (OIRA) & Proposed regulations where the comment periods have closed, and final rules are being drafted

The major Rules that may come in the weeks ahead are:

  • DOJ/EOIR Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure Final Rule

  • Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. Land Borders Interim Final Rule (withdrawn).

  • DHS/USCIS Proposed Rule on the Use and Collection of Biometrics

  • DHS/ICE Elimination of Duration of Status Rule

  • DHS/USCIS Affidavit of Support Proposed Rule

Proposed regulations: These rules will be even harder to finalize as all comments have not yet been received.

  • DHS/USCIS H-1B Lottery Proposed Rule

  • DOS NPRM Eliminating B-1 in lieu of H-1B

  • DHS/CBP Proposed Rule Collection of Biometric Data from Aliens Upon Entry to and Departure from the United States

Proposed Regulations that are pending OIRA review. These regulations will be nearly impossible to finalize by January 20, 2021 given the number of steps remaining.

  • DHS/USCIS Proposed Rule on Provisional Waivers

  • DHS/USCIS Proposed Rule Rescinding H-4 EADs

To gain a full picture on the many changes that are possible as final acts of the Trump Administration, Please consult the link below:


https://www.aila.org/advo-media/aila-practice-pointers-and-alerts/trump-policies-that-maybe-finalized-before?utm_source=AILA+Mailing&utm_campaign=62445ad35e-AILA8-11-24-2020&utm_medium=email&utm_term=0_3c0e619096-62445ad35e-287744673




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