Where the Democratic Presidential Candidates Stand on Immigration Policy

Last summer, in the first Democratic presidential debate, former Housing and Urban Development Secretary Julian Castro and former Texas Rep. Beto O’Rourke got into a heated exchange over whether to decriminalize unauthorized border crossings (Castro in favor, O’Rourke opposed).

The debate flared in the context of the Trump administration's “zero tolerance” policy, a widespread effort to crack down on illegal entry into the county by criminally prosecuting all migrants who didn’t present themselves at an official port of entry. The policy resulted in the separation of more than 5,500 migrant children from their parents.

Under decriminalization, favored by Castro, unauthorized migrants would still be deported, but they wouldn’t have to first serve time in jail.

That June debate was a rare moment when immigration took center stage in the Democratic primary. In most debates since then, it has been an afterthought — despite the fact that President Trump is likely to make tough-on-immigration policies a centerpiece of his reelection campaign.

Now, neither Castro nor O’Rourke remain in the running for the Democratic nomination. But as California voters prepare for the March 3 primary election, the issue of immigration could play an increasingly important role in helping to define the differences between the Democratic candidates.

Californians rank immigration as one of the top four issues facing the state — after homelessness, the economy and housing costs — and half the state's residents say they fear someone they know could be deported, according to a September poll by the Public Policy Institute of California. The poll found that Californians also overwhelmingly believe immigrants are a benefit to the state rather than a burden.

The fact that California has far more immigrants than any other state makes it a place where immigrants are familiar and integral to the fabric of most communities, scholars say. Indeed, more than one in four Californians were born in another country, and half of all children in the state have an immigrant parent.

That makes immigration “a litmus issue” for voters here, according to USC sociology professor Manuel Pastor.

“If you’re perceived to be anti-immigrant, you’re not in the running,” Pastor said. “That’s one reason Trump polls so weakly in the state.”

With a series of executive actions over the past three years, Trump has restricted the ability of low-income immigrants to get green cards, made it almost impossible for migrants at the southern border to apply for asylum, dramatically increased immigration detention, slashed refugee admissions, moved to end protections for Dreamers and tried to fund a wall along parts of the 2,000-mile border with Mexico.

In addition, the president has frequently used language to denigrate immigrants, calling them “dangerous,” “criminals” and the source of an “invasion.”

All of the Democratic presidential candidates, by contrast, describe immigrants as contributors to the richness and vitality of the United States, and honor the central role of immigration in U.S. history and the country’s future.

San Jose Rep. Zoe Lofgren, a Democrat who chairs the House Subcommittee on Immigration, said she expected a Democratic president to set a new tone that treats immigrants with dignity and would provide leadership on a comprehensive overhaul of U.S. immigration laws.

“The immigration laws haven’t been seriously reformed for many decades and they’re not serving the country very well,” said Lofgren. “So top-to-bottom reform is overdue and should be done.”

But that could prove tough, even if Democrats win control of the U.S. Senate and retain the House, said UC Riverside political science professor Karthick Ramakrishnan. That’s because the Senate filibuster rule allows the minority party to block legislation unless there are 60 votes. Since Democrats are unlikely to win that many Senate seats, and Republicans are disinclined to support immigration reform, the next president would be limited to using executive authority, he said.

“If a Democrat wins, you’ll see some attempts to restore DACA, roll back the rule on ‘public charge’ and the travel ban, and allow more refugees to come into the country,” said Ramakrishnan. “The past few years have shown there’s a lot the president can do to make life more difficult or less difficult for immigrants.”

The Democratic candidates agree on many aspects of immigration policy — and all would reverse many of Trump’s initiatives. But some consider the issue more of a priority than others.

And there are obvious differences between a progressive candidate like Vermont Sen. Bernie Sanders, whose immigration plan refers to the president as “a racist” and calls for abolishing the Department of Homeland Security, and a moderate like Michael Bloomberg, whose plan speaks about the need for national security and emphasizes that legalization for undocumented immigrants must be “earned” by paying taxes and passing background checks.

All of the major Democratic presidential candidates (except Tulsi Gabbard, who has not presented a detailed immigration platform) would:

• Reverse the Trump administration’s “travel ban” that bars visitors and immigrants from a number of African and Muslim-majority countries;
• Stop diverting military funds to build a border wall;
• Reinstate Deferred Action for Childhood Arrivals program established under President Obama, and create a path to citizenship for DACA recipients;
• Provide a path to citizenship for the 11 million undocumented immigrants in the U.S.;
• End family separation and promptly reunite migrant families;
• Raise refugee admissions to at least pre-Trump levels;
• Roll back Trump’s expansion of the “public charge” rule restricting low-income immigrants from obtaining permanent legal residence;
• End policies, such as “Remain in Mexico,” that create obstacles for asylum-seekers at the southern border;
• Restore asylum protections for victims of gender-based violence and gang violence;
• Restore aid to Central American countries to improve stability and human rights;
• Sharply scale back immigration detention and use alternatives such as case management;
• End the use of for-profit prisons for immigration detention
• Impose restrictions on U.S. Immigration and Customs Enforcement arrests at schools, courthouses, hospitals, places of worship and other “sensitive locations;”
• Increase funding for immigration courts;
• Create an “Office of New Americans” to integrate immigrants and encourage citizenship.

Here are some highlights of the Democratic candidates' positions on immigration:

Joe Biden

• Implement a four-year, $4 billion strategy, devised under the Obama administration, to address the root causes of migration from Central America by tackling corruption and impunity, and investing in public safety and the economy;
• Surge humanitarian resources to the border to assist asylum-seekers;
• Push to repeal anti-immigrant state laws;
• Increase oversight of ICE and Customs and Border Protection;
• Restore enforcement priorities focused on people who threaten public safety;
• Preserve and expand family-based immigration;
• Increase work visas for foreign students and target additional work visas to economically struggling areas;
• Ensure labor standards enforcement to protect immigrants and other workers;
• Preserve the “diversity visa” lottery for immigrants from underrepresented countries.

Michael Bloomberg

• Stop pushing local police to enforce immigration laws;
• Increase oversight of ICE and Customs and Border Protection;
• Restore enforcement priorities focused on people who threaten public safety;
• Modernize U.S. ports of entry and implement an “entry-exit” system to track who is entering and leaving the country;
• Allow people displaced by climate change to qualify as refugees;
• Increase work visas for foreign students and target additional work visas to economically struggling areas;
• Eliminate “per country” caps and redistribute unused visas, to reduce backlogs;
• Preserve family-based immigration and the “diversity visa” lottery for immigrants from underrepresented countries;
• Ensure labor standards enforcement to protect immigrants and other workers;
• Respect the Flores agreement, protecting children from prolonged, jail-like detention;
• Guarantee legal counsel for minors in immigration proceedings;
• Offer grants to communities experiencing a rapid increase in immigrants, to promote cohesion and unity.

Pete Buttigieg

Buttigieg has ended his candidacy for president.

• Decriminalize unauthorized border crossing;
• Increase oversight of ICE and Customs and Border Protection;
• Restore enforcement priorities focused on people who threaten public safety;
• Increase work visas for foreign students, target additional work visas to economically struggling areas and make work visa system more responsive to labor-market demands;
• Offer visas to immigrant doctors to work in under-served and rural communities;
• Ensure labor standards enforcement to protect immigrants and other workers;
• Allow all immigrants to access health insurance marketplaces;
• Allow people displaced by climate change to qualify as refugees;
• Extend Special Immigrant Visas to Iraqi and Afghan translators for the U.S. armed forces;
• Make immigration courts into “Article I” courts, independent of the Justice Department.

Tulsi Gabbard

Gabbard has not put forward a detailed immigration platform. Like the other candidates she would:

• Reinstate the Deferred Action for Childhood Arrivals program and create a path to citizenship for DACA recipients;
• Provide a path to citizenship for the 11 million undocumented immigrants in the U.S.;
• Restore aid to Central American countries to improve stability and human rights.

She would also:

• Increase border funding and extend the border fence if experts recommend it;

Amy Klobuchar

Klobuchar has ended her candidacy for president.

• Expand legal immigration;
• Respect the Flores agreement, protecting children from prolonged, jail-like detention;
• Allow asylum-seekers from the Northern Triangle countries of Central America to seek asylum in their home countries;
• Increase border security as part of comprehensive immigration reform legislation;
• Offer visas to immigrant doctors to work in under-served and rural communities.

Bernie Sanders

• Dismantle the Department of Homeland Security, including ICE and CBP, and redistribute its functions to other agencies;
• Place a moratorium on deportations, pending an audit of past practices and policies;
• Ensure labor standards enforcement to protect immigrants and other workers;
• Preserve and expand family-based immigration;
• Increase funding for U.S. Citizenship and Immigration Services to hire asylum officers and reduce visa and citizenship backlogs.
• Decriminalize unauthorized border crossing;
• Stop pushing local police to enforce immigration laws;
• Respect the Flores agreement, protecting children from prolonged, jail-like detention;
• Allow people displaced by climate change to qualify as refugees;
• Make immigration courts into “Article I” courts, independent of the Justice Department.
• Guarantee access to legal counsel in immigration proceedings;

Tom Steyer

Steyer has ended his candidacy for president.

• Decriminalize unauthorized border crossing;
• Stop pushing local police to enforce immigration laws;
• Increase oversight of ICE and Customs and Border Protection;
• Respect the Flores agreement, protecting children from prolonged, jail-like detention;
• Prioritize family-based immigration;
• Increase temporary work visas, including for foreign students, and make the programs more flexible;
• Ensure labor standards enforcement to protect immigrants and other workers;
• Allow people displaced by climate change to qualify as refugees;
• Make immigration courts into “Article I” courts, independent of the Justice Department;
• Guarantee access to legal counsel in immigration proceedings;
• Recognize the importance of the borderlands region, invest in its economy and bi-national communities;

Elizabeth Warren

• Expand legal immigration, with a focus on family-based visas;
• Decriminalize unauthorized border crossing;
• Stop pushing local police to enforce immigration laws;
• Increase oversight of ICE and Customs and Border Protection;
• Create a task force to investigate allegations of serious abuse of immigrants in custody;
• Restore enforcement priorities focused on people who threaten public safety;
• Make immigration courts into “Article I” courts independent of the Justice Department;
• Guarantee access to legal counsel in immigration proceedings;
• Ensure labor standards enforcement to protect immigrants and other workers.