Trump v.s. Biden: Immigration Policies Impact on International Students

Screenshot by day1cpt.org from CNN Youtube Channel

The June 27 debate marked the first of two scheduled debates between President Joe Biden and former President Donald Trump ahead of the November election. In the first debate of the 2024 presidential election, immigration emerged as a central issue. Former President Donald Trump criticized current President Joe Biden's immigration policies, claiming that a large influx of illegal immigrants threatens national security and social welfare, advocating for mass deportations of foreign-born individuals.

According to the U.S. Census Bureau, the foreign-born population in the U.S. increased by 15.6% from 2010 to 2022, making up 13.9% of the total population. The U.S. has become a country with a significant portion of its population born abroad.

Trump's Immigration Policy

During his first term, Trump implemented stringent restrictions on immigration. After taking office in 2017, Trump's policies led to a significant increase in the denial rate for initial H1B visa applications, reaching 24% in FY 2018 and 21% in FY 2019. These changes had a substantial impact on tech companies that rely on foreign talent. Although a legal settlement in 2020 reduced the denial rate, uncertainty remained for H1B visa holders under the Trump administration.

Trump's administration also sought to introduce restrictive rules that narrowed the definition of "specialty occupation" and imposed stricter requirements on the employer-employee relationship. Additionally, Trump widely used the authority under Section 212(f) of the Immigration and Nationality Act to limit the entry of immigrants and temporary visa holders, particularly from Muslim-majority countries. During the COVID-19 pandemic, he employed Title 42 public health measures to expel approximately 400,000 people and deny asylum claims.

Despite his tough stance on immigration, Trump recently stated in a podcast interview that if re-elected in November, he would allow foreign-born college graduates to obtain legal permanent residency. He mentioned that this policy was delayed in his first term due to the pandemic.

Biden's Immigration Policy

After taking office, Biden reversed several of Trump's restrictive policies, making the H1B visa application process smoother. The Biden administration implemented measures to reduce illegal immigration and attempted to reform the immigration system. Biden issued an executive order to limit asylum applications between ports of entry to curb illegal crossings. While these measures have had short-term effects, their long-term impact remains to be seen.

The Biden administration also rescinded Trump's "public charge" rule and aimed to provide a pathway to legal status for long-term undocumented immigrants. Additionally, Biden simplified the green card application process for high-skilled immigrants and their families to attract more international talent.

Despite his campaign promises for a more humane immigration policy, Biden continued the use of Title 42 until the COVID-19 emergency ended in May 2023. Under Biden's leadership, 2 million people were expelled, five times the number during Trump's term.

Screenshot by day1cpt.org from CNN Youtube Channel

The Future of H1B Visas

If Trump is re-elected in 2024, H1B visas may face stricter restrictions. Trump could reintroduce policies from his first term, such as a wage-based visa allocation system, making it challenging for startups and small companies with lower salaries to obtain H1B visas.

In contrast, the Biden administration is likely to maintain the current H1B policies and push for more comprehensive immigration reform in Congress, including increasing employment opportunities in STEM fields. However, these plans face opposition from labor organizations, particularly concerning Biden's proposal to waive job advertisement requirements for certain occupations.

Impact on International Students

Trump and Biden's immigration policies significantly affect international students. During Trump's administration, H1B visa restrictions created significant employment challenges for international students after graduation. As visa applications became more difficult, many companies opted to establish branches abroad, hiring foreign talent.

Biden's policies provide more hope for international students, making it easier for them to find jobs and secure visas after graduation. However, if Trump is re-elected, this relatively favorable environment may quickly change, leading to increased uncertainty and challenges for international students.

Impact on Illegal Immigrants and Green Card Applicants

Trump's administration took a harsh stance on illegal immigration, causing significant distress for long-term undocumented immigrants in the U.S. In contrast, Biden's administration has sought to alleviate this issue by providing pathways to legal status and proposing legislation to grant citizenship to DACA recipients ("Dreamers").

Regarding green card applications, Trump's "public charge" rule posed substantial obstacles for low-income immigrants. Biden rescinded this rule after taking office and simplified the green card application process for high-skilled immigrants and their families to attract more international talent.

Photo by Justin Sullivan/Getty Images

Alternative Perspective

Green Party candidate Jill Stein presented a different view on immigration during a Zoom meeting. Stein argued that U.S. foreign policy, particularly the promotion of neoliberal economic models and the export of the "war on drugs," significantly contributes to the surge in immigration. She also highlighted that unilateral sanctions imposed by the U.S. on countries like Venezuela, Cuba, and Nicaragua exacerbate immigration issues.

Conclusion

The divergence in Trump and Biden's immigration policies significantly impacts H1B visa holders, illegal immigrants, green card applicants, and international students. Trump's stringent policies may lead to a greater outflow of jobs and talent from the U.S., while Biden's reforms aim to balance border security with creating more opportunities for high-skilled immigrants, illegal immigrants, and international students. Regardless of who wins the 2024 presidential election, changes in immigration policy will continue to profoundly affect the U.S. tech industry and educational landscape.