Skip to main content
  • Foundation
  • Executive network
  • CEO Circle
  • Enterprise Solutions
  • Linkage Logo
  • Store
  • Sign In
  • Account
    • My Account
    • Logout
    • Global
    • India
    • MENA
SHRM
About
Book a Speaker
Join Today
Renew
Rejoin Now
Renew
  • Membership
  • Certification
    Certification

    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    Events & Education

    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    Community

    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Close
  • Membership
  • Certification
    back
    Certification
    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    back
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    back
    Events & Education
    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    back
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    back
    Community
    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Join Today
Renew
Rejoin Now
Renew
  • Store
    • Global
    • India
    • MENA
  • About
  • Book a Speaker
  • Foundation
  • Executive network
  • CEO Circle
  • Enterprise Solutions
  • Linkage Logo
SHRM
Sign In
  • Account
    • My Account
    • Logout
Close

  1. Topics & Tools
  2. Workplace News & Trends
  3. Talent Acquisition
  4. Election 2020: Biden and Trump Differ Dramatically on Immigration
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

Election 2020: Biden and Trump Differ Dramatically on Immigration

October 21, 2020 | Roy Maurer

A group of buttons with the word vote on them.


​This article is part of a series reviewing the similarities and differences between the two presidential candidates' positions on workplace issues. Other topics covered include labor relations, paid leave, minimum wage, health care and retirement assistance.

"Night and day" was the phrase most used by experts interviewed for this article to describe the stark differences on immigration policy between President Donald Trump and former Vice President Joe Biden. But some also pointed out surprising areas of common ground when speaking specifically about employment-based immigration.

President Trump's re-election would likely lead to continued strict enforcement of immigration laws, further regulatory and adjudicative limits on business immigration—specifically in light of soaring unemployment in the wake of the coronavirus pandemic—and possible progress made on the creation of a points-based immigration system that favors skills over family ties.

Biden's plan calls for reversing what Trump has done on immigration since 2017, including halting the president's executive orders and proclamations restricting travel, limiting green cards and guest worker programs, and eliminating the Deferred Action for Childhood Arrivals (DACA) program, which granted protection to certain undocumented immigrants brought to the country as children.

Biden's platform also outlines larger goals to work on with Congress, such as increasing the number of employment-based visas; providing a path to legalization for the 12 million undocumented immigrants in the country; and creating a new, decentralized immigration stream for foreign workers that is based on local and state needs.

The candidates' views of immigration differ largely because of the assumptions being made about the contributions that immigrants make to the economy, explained Isabel Soto, director of labor market policy at American Action Forum, a Washington, D.C.-based policy and research group. "While President Trump's policies reflect a view that immigrants harm native-born workers, Biden's proposals assume that immigrants make economic contributions," she said.

There are some possible areas of overlap, however, said Angelo Paparelli, an attorney in the New York City and Los Angeles offices of Seyfarth and one of the foremost experts on U.S. immigration.

"Biden's 'Build Back Better' message sounds a lot like Trump's Buy American, Hire American executive order," he said. "In some respects, the H-1B area [involving visas for foreign professional workers] will not be that different under a President Biden than under Trump."

Biden's platform talks about establishing a wage-based allocation process for temporary foreign workers and enforcement mechanisms "to ensure [employment-based visas] are aligned with the labor market and not used to undermine wages" or "used to disincentivize recruiting U.S. workers" for in-demand occupations.

For more on this year's election, see the SHRM Government Affairs Team's Election Resources.

See More

Trump Will Stay the Course

The Trump administration has shown a divided stance when it comes to employment-based immigration, said Julia Gelatt, a senior policy analyst at the Migration Policy Institute (MPI) in Washington, D.C. "On the one hand, we know that work is being done on a merit-based immigration proposal, which would create more employment-based immigration at the cost of family-based immigration. But at the same time, we've seen the shutting down of all kinds of immigration, including employment-based immigration, and skepticism about the value of any immigration."

The Trump administration has issued more than 400 policy and regulatory changes to the immigration system, according to a count by MPI.

The most recent interim final rules for H-1B visas—narrowing the definition of the occupations eligible for the visas and increasing the wages employers would have to pay H-1B workers—are potentially the most significant.

"These rule changes [address] the way an H-1B position and an individual's background would be assessed for qualification, attach new requirements to H-1B wage levels—where possibly only the highest wage levels will qualify—and add additional requirements to H-1B cases involving placement at third-party client sites," said Hendrik Pretorius, an immigration attorney and CEO of ImmiPartner, an immigration legal services firm based in San Francisco.

Phil Curtis, co-founder of immigration law firm Chin and Curtis in the Boston area, noted that there has been little rulemaking on immigration during Trump's first term; instead, the administration has relied on agency policies, memos and guidance. "A couple of big examples are the memo that said deference will not be given to prior adjudications, and higher adjudication standards generally," he said.

Pretorius said the adjudication policies issued over the last four years have resulted in a dramatic increase in requests for evidence and denials of petitions for H-1B workers.

"This has led to constant unpredictability [and] longer onboarding times for employees, and has left companies struggling to bridge the gap in STEM [science, technology, engineering and mathematics] talent available in the U.S.," he said.

In a second term, experts point out that Trump has promised to eliminate work authorization for H-4 visa holders, put an end to at least some of the work options for students and continue to crack down on temporary worker programs.

Trump's plans to reshape the U.S. immigration selection system to give greater preference to green card applicants' skills over their family ties will be a tougher feat to pull off, as it depends on cooperation from Congress, said Lora Ries, a senior research fellow at the Heritage Foundation and a former chief of staff at U.S. Citizenship and Immigration Services under President Trump.

The administration's proposal—based on the points systems used in Australia and Canada—would evaluate immigrants for green cards through points assigned for age, skills, job and salary offer, education, and English-language proficiency. The plan calls for raising the percentage of employment-related immigrants—which includes workers' dependent family members—from 12 percent annually to 57 percent and cutting back family-sponsored immigration from about 66 percent per year to 30 percent.

Ries said President Trump would attempt to rescind the DACA program again, addressing the points raised by the Supreme Court in June when it rejected the administration's effort, saying it was done "in an arbitrary and capricious" manner.

Since then, the administration has not been accepting new DACA applications and has been limiting renewals to a year. But Trump has also teased that protections for DACA recipients could be part of a broader immigration reform package that includes enhanced border security and the introduction of a merit-based selection system.

Biden to Reverse Course

If he wins the presidential election, Biden could immediately rescind any of Trump's executive actions. Presidential proclamations and executive actions such as the various travel bans should be the easiest to undo, though he has not said if he would immediately reverse President Trump's pandemic-related border closures.

Paparelli said Biden will likely immediately issue an executive order reinstating and possibly expanding DACA and may try to resurrect the related program for the parents of DACA beneficiaries.

Reversing regulatory changes—like the so-called public charge rule, which gives consular officials more power to deny permanent residency to applicants the government determines may rely on public benefits—would take longer. "A Biden administration may face as much litigation as a Trump administration has, so they will have to be careful when dismantling regulations," Gelatt said.

The Biden campaign proposes several ideas to expand employment-based immigration, such as providing paths to legalization for undocumented immigrants generally, and specifically for DACA recipients, undocumented farmworkers and international students in STEM programs.

"Biden doesn't say much about employment-based immigration on the campaign trail, but he does say that he wants to establish a wage-based process for H-1B allocation, which favors highly paid workers; increase the number of green cards available for workers; and scrap the per-country green card limits, which have kept immigrants from countries like India and China waiting years for a green card to become available once they've been approved," Curtis said.

Changes to green card caps and programs creating paths to legal status would need to be approved by Congress. And that's not a sure thing.

"It's less clear that a President Biden could reverse course on the posture that's been taken on H-1B visas, especially as we're still in an economic recession and dealing with a public health crisis with high unemployment," Gelatt said.

The same holds true for another stab at comprehensive immigration reform, which Biden has vowed to pursue. He supported the bipartisan comprehensive immigration package that passed the Senate in 2013 but could not get approval from the House of Representatives.

"Attempts to come up with something comprehensive is what historically makes it difficult to accomplish," Paparelli said. "When everyone tries to add their own pet idea, the pieces don't gel."

Pretorius noted Biden's aim to create a decentralized visa allocation system. "The idea would be to target a new visa toward communities confronting chronic population stagnation as a means of boosting economic dynamism. This would be like the tremendously successful program in Canada where provinces and territories have benefited by having access to additional work-authorized immigration options based on local economic needs."

Holders of these visas would be required to work and reside in the city or county that petitioned for them and would be subject to the same certification protections as other employment-based immigrants.

Worksite Enforcement

Experts believe that the Trump administration would continue heightened worksite enforcement, especially targeted at industries likely to yield undocumented workers. Biden said he would end worksite raids in which undocumented workers are rounded up and arrested, returning to Obama-era enforcement methods in which employers are audited and fined for Form I-9 noncompliance instead.

"There will be some form of policing and exclusion function no matter who's in charge, which will include employer sanctions of knowing unlawful employment," Paparelli said.

Eligibility Verification (I-9)
Global Mindset
Talent Acquisition
Work Visas

Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.



Related Content

Kelly Dobbs Bunting speaks onstage at SHRM24
(opens in a new tab)
News
Why AI+HI Is Essential to Compliance

HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Book a SHRM Executive Speaker
  • Advertise with Us
  • Partner with Us
  • Copyright & Permissions
  • Post a Job
  • Find an HR Job
Follow Us
  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
  • SHRM Newsletters
  • Ask An Advisor

© 2025 SHRM. All Rights Reserved

SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer


  1. Privacy Policy

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Member Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member?
Free Article
Limit Reached

Get unlimited access to articles and member-exclusive resources.

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join and enjoy unlimited access to SHRM Executive Network Content.

Already a member?
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member?

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now