President Trump Issues Proclamation Suspending Entry of Immigrants into the United States of America
After sending out a “tweet teaser” late Monday night, President Trump issued a Proclamation late afternoon/early evening on April 22, 2020 titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”.
Who is Affected by this Proclamation?
This Proclamation affects the activities of certain foreign nationals seeking entry into the United States for the first time as Immigrants (those entering the U.S. from abroad as U.S. permanent residents). The Proclamation therefore excludes temporarily only a very narrow set of foreign nationals. It DOES NOT apply to NONIMMIGRANT visa holders, such as H-1Bs, L-1s, and other temporary visa categories, nor does it pertain to current U.S. permanent residents. This Proclamation also does NOT affect individuals that are in the United States applying for adjustment of status to become U.S. permanent residents.
When is this Proclamation Effective?
The entry of affected individuals into the United States under this Proclamation is suspended as of 11:59 p.m. Eastern Daylight Time on April 23, 2020 for a period of 60 days with an option to be continued “as necessary”.
What About the Current “Travel Ban” Due to COVID-19?
It is important to note that there are previously issued travel bans that are still in effect. These travel bans prohibit certain individuals from entering the United States due to the fact they were recently in a country that has experienced a high rate of contagion of the COVID-19 virus. In addition, as we have noted in a prior alert, the U.S. consular posts have stopped processing visas as of last month (March) with the exception of visas needed by individuals to travel to the U.S. for emergencies or for essential work, such as farm workers and healthcare professionals.
Will There Be Any Additional Immigration Restrictions?
Perhaps, but not immediately. The Proclamation directs the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State to “review nonimmigrant programs and shall recommend … other measures appropriate to stimulate the United States economy and ensure prioritization, hiring, and employment of United States workers.” Such recommendations are to be made to the President within 30 days of the effective date of the Proclamation (on or about May 23, 2020).
We will continue to monitor any additional immigration restrictions that may take place. Please contact your Maggio Kattar Attorney with any questions.