CLIENT ADVISORY
April 22, 2020 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak
BACKGROUND
On April 20, 2020, President Trump tweeted that he will be signing an Executive Order to temporarily suspend immigration into the United States as a result of the 2019 novel coronavirus (COVID-19) pandemic.
During a press briefing on April 21, 2020, President Trump announced: “This order will only apply to individuals seeking a permanent residency, in other words, those receiving green cards.” He noted that the order “will not apply to those entering on a temporary basis” and that “the pause will be in effect for 60 days” with the possibility of a later extension or modification.
On April 22, 2020, President Trump issued a Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.
THE PROCLAMATION
The Proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET). It should be noted that the current Proclamation is of very limited impact, as is discussed below. The Proclamation suspends the entry of any individual seeking to enter the U.S. as an immigrant who:
• Is outside the United States on the effective date of the Proclamation;
• Does not have a valid immigrant visa on the effective date; and
• Does not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any datethereafter that permits travel to the United States to seek entry or admission.
The Proclamation DOES NOT APPLY TO:
• Lawful permanent residents (LPR).
• Individuals and their spouses or children seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees).
• Individuals applying for a visa to enter the U.S. pursuant to the EB-5 Immigrant Investor Visa Program.
• Spouses of U.S. citizens.
• Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa.
• Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees).
• Members of the U.S. Armed Forces and their spouses and children.
• Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification).
• Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).
DISCRETION It is within the discretion of the consular officer to determine if an individual is within one of the exempted categories outlined above.
NONIMMIGRANT VISA HOLDERS ARE NOT INCLUDED IN THE PROCLAMATION.
The Proclamation does however require that within 30 days of the effective date, the Secretaries of Labor and DHS, in consultation with the Secretary of State, review nonimmigrant programs and recommend to the President other appropriate measures to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers.
ASYLUM SEEKERS ARE NOT INCLUDED IN THE BAN.
The Proclamation does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.
PRIORITIZED REMOVAL.
Individuals who circumvent the application of this proclamation through fraud, willful misrepresentation or illegal entry will be prioritized for removal.
EXPIRATION.
The proclamation expires 60 days from its effective date and may be continued as necessary. Within 50 days from the effective date, the Secretary of DHS shall, in consultation with the Secretaries of State and Labor, recommend whether the President should continue or modify the proclamation.
OTHER INFORMATION
• Routine visa services at all U.S. embassies and consular posts around the world have been suspended as of March 20, 2020. U.S. embassies and consulates continue to provide urgent and emergency visa services as resources allow. The Department of State (DOS) intends to continue to process visa applications for farm workers and medical professionals assisting with COVID-19.
• U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended in-person services through at least May 3, 2020, including in-person interviews and biometrics processing. USCIS staff will continue to perform duties that do not involve contact with the public and will provide emergency services for limited in-person situations.
• The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.
• With some exceptions, the entry of individuals who were present in China, Iran, the Schengen Area, the U.K., and Ireland, during the 14-day period before their attempted entry into the United States has also been suspended.
• Despite these limitations, USCIS continues to accept and process applications and petitions, including applications requesting an extension or change of status.
We are closely monitoring the situation and will provide more information as it becomes available. Please contact our office at (858) 205-3542 with any questions.