Executive Actions Biden Could Take

It’s dark and official: Donald Trump is returning to the White House. No doubt, the time between now and January 20th will be a time of reckoning and mutual recriminations for the Democratic Party’s failure to fend off a deeply flawed authoritarian—for the second time.

But all this time, the White House will remain occupied by Joe Biden. And now the Democratic Party’s first one-term chief executive since Jimmy Carter has weeks to make a last-ditch effort to salvage his legacy — and shore up the government fences that Trump threatens.

The Biden administration could have done far more good in its final days than can be listed here. (The list of worthy pardons alone would be staggering.) But President Biden, in particular, has clear options when it comes to criminal justice reform, global peace, immigrant protection, climate action, and fighting back authoritarianism.

First, he can implement a reform he has already begun to explore: legalizing marijuana. Back in May, Biden initiated a review of the status of hemp as a Schedule I drug, diversion from his longstanding opposition. This is debatable exactly how many powers the president should change the legal status of marijuana. But Biden can certainly end his administration’s unnecessarily long review process — how long will it take to say, “This is not a gateway drug”? — and formally recommend that federal agencies cancel the schedule. He can also pardon anyone currently in federal prison for non-violent drug offenses. Since these prospective pardon recipients disproportionately blackthis move will advance not only criminal but also racial justice. And crucially, such moves would deny Trump an easy victory do any of them yourself.

Another sensible change that would reverse decades of meaningless policy, the president could also finally normalize relations with Cuba. This would mean the restoration of official diplomatic relations, the removal of the island from List of state sponsors of terrorismand honoring 22 bilateral agreements signed during the Obama administration before being torn up by Trump. It would also mean lifting of sanctions that fueled The economic crisis continues in Cubaas well as providing reliable assistance to people suffering from severe fuel shortages and food rationing. Closing the Guantanamo Bay Naval Base and returning it to Cuba as a hospital would dismantle the most prominent symbol of American dominance on the island. And while Trump will almost certainly seek to reverse any executive action on Cuba, Biden could make that politically difficult opening up private sector investment there.

This is not the only unfinished business at stake. Behind-the-scenes conversations between Trump and Benjamin Netanyahu — and “behind-the-scenes” here means “openly discussed”—with an alarming reference to an alleged Republican effort in 1980 to delay the release of American hostages in Iran until then. Reagan defeated Carter and took office. Now, whether the horrors escalate or the brokered ceasefire that Trump gets undeserved credit for, this conflict will be seen as the signature failure of Biden’s foreign policy. But he still has time, at the end of his presidency, to assert some moral authority enforcement of the Leahy Act— which prevents the US from providing military aid a country that violated human rights— and stopping, even temporarily, the supply of weapons to Israel.

While making last-ditch efforts to contain the humanitarian crises in Gaza and Cuba, Biden may also try to prevent a future crisis along the United States’ southern border. Trump has threatened to double down on the tough immigration policies of his first term through “a vast arsenal of federal powers.” This can include mass deportation of 11 million undocumented immigrants, and recovery his policy of family separation on the border. President Biden can try to stop this sadism by fast tracking applications for citizenshipcancellation of the order asylum restrictionand extension of work permits for undocumented immigrants. These compassionate reforms could fundamentally change the outlook for many people who might otherwise be at risk in January and beyond.

Meanwhile, with at least 3 million Americans are already forced due to extreme weather conditions to become climate refugees, Biden has more than enough reason to declare a climate emergency. He claims to have “practically” done sobut in reality it will allow him to bypass a stubborn Congress to allocate additional climate funding. Then he can implement a series of belated executive orders of more niche but nonetheless consistent reforms as the decarbonisation of the maritime industryto fundamental (and promised) changes like banning offshore drilling. Such actions would cement Biden’s legacy as perhaps the greenest president in modern history — and force Trump to make unfavorable headlines if he wants to reverse that progress.

Finally, Biden must take concrete steps to fend off the authoritarian threat posed by a second Trump term. American democracy may now be in its most vulnerable position since the Civil War. That’s why filling all 46 vacancies for judges with judges who will uphold the rule of law is non-negotiable. He could also move across the aisle to address concerns about election integrity — before Trump takes it into his own hands — by replacing outdated voting machinesconducting checks and protecting polling station workers and election officials.

Above all, a productive, quiet lame-duck period would go a long way in demonstrating for the first time in eight years what a peaceful transfer of power looks like — even if Biden is handing it back to the person responsible for this failure.

Weeks after he pulled off a different kind of handoff, on the first night of this year’s Democratic National Convention, Biden – summed up his hopes for his legacy: “Let me know in my heart … that I have given you my best.” Between now and January, he can do his best to match that self-assessment with the opinion of history.