Andrea Sáenz, Attorney-in-Charge of the New York Immigrant Family Unity Project at Brooklyn Defender Services, pointed out that Biden has not made any actions in regard to the immigration courts, where his predecessor made radical changes. In-person immigration hearings are currently happening throughout the country, including in states that have high COVID-19 rates.

Sáenz mentioned that there are about 1.3 million pending immigration cases that still need to be looked at. "Cases just poured into the immigration courts without any way to fairly adjudicate them or any system for executive prosecutorial discretion," she said. Sáenz emphasized that the Board of Immigration Appeals had been packed with some of the most anti-immigration judges in the country.

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