migration rules

Navigating the Complexities of Immigration Law: The Impact of Proposed Rulemaking Bill and the Biden Administration's Stance

In the ever-evolving landscape of immigration law, a recent development has garnered significant attention. A bill proposed in the U.S. House of Representatives, led by Republican lawmakers, has been met with a veto threat from President Biden's administration. This proposed legislation and the response it has elicited from the White House are critical for understanding the current state and future directions of immigration policies in the United States.

Understanding the Bill and Its Implications

The crux of the bill revolves around a procedural change in rulemaking within federal agencies. Specifically, it stipulates that all rules proposed must be signed and issued by an individual nominated by the president and confirmed by the Senate, except in limited circumstances. This proposal is championed by 19 co-sponsors, including 18 Republicans and one Democrat, Rep. Jared Golden of Maine. The proponents of the bill argue that it would enhance agency accountability.

However, the White House has strongly opposed this bill, citing concerns over "unnecessary delays in the regulatory process." According to a statement of administrative policy issued by the White House, the bill would introduce bureaucratic hurdles that could encumber the rulemaking process. The administration emphasizes that existing procedures already ensure engagement, oversight, and accountability by executive branch agency leadership.

Executive Order 12866, issued in 1993 and currently under review for modernization, is highlighted as a cornerstone decree that already addresses regulatory policy concerns. The White House further argues that the bill would impede Senate-confirmed officials' ability to delegate responsibilities to experienced subordinates, potentially hampering regulatory development.

Broader Context and Opposition

Beyond the White House, various civil society groups and individuals have expressed opposition to the bill. They argue that it would decrease industry accountability to the public by introducing ambiguity that could delay the implementation of crucial public health, safety, financial reforms, and worker protections. These concerns are echoed by organizations such as Government Information Watch, National Center for Health Research, and others.

The bill is seen as an attempt to codify an executive order issued by former President Donald Trump at the end of his presidency, which President Biden has since repealed. Trump’s administration focused on reducing regulations, a stance that the current administration has been working to counteract.

James Goodwin, a senior policy analyst with the Center for Progressive Reform, notes that significant rules already require the knowledge and approval of an agency's political appointee, even with delegation. He also points out the growing assertiveness of federal judges appointed by Trump in questioning agency decisions.

Implications for Immigration Law and Policy

For immigration attorneys and those seeking immigration services, this development is particularly noteworthy. The proposed bill, if passed, could have significant implications for the speed and manner in which immigration policies and regulations are developed and implemented. The potential for increased delays and bureaucratic complexities could impact everything from visa processing to asylum rulings.

Immigration professionals and clients must stay informed about these legislative developments, as they directly influence the legal landscape in which immigration matters are handled. Understanding the broader political context and the interplay of different branches of government is essential for navigating the complexities of immigration law effectively.


The debate surrounding this rulemaking bill highlights the ongoing dynamic between legislative and executive powers in shaping the regulatory framework of the United States. For those in the field of immigration law, staying abreast of these developments is crucial for providing informed and effective legal counsel.

The situation remains fluid, and the outcome of this legislative effort will have significant ramifications for how immigration law is practiced and experienced by those seeking to navigate its complexities. As always, it's essential to consult with experienced immigration attorneys who are well-versed in the latest legal developments and can provide guidance tailored to individual circumstances.


This blog draws upon the article "Biden Would Veto Rulemaking Bill Citing 'Unnecessary Delays'" by Courtney Bublé, published on Law360 on December 11, 2023.

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