July 13, 2020

Volume X, Number 195

July 13, 2020

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July 10, 2020

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President Trump Issues Proclamation Suspending Entry of Immigrants into the United States

On April 22, 2020, President Trump issued a Proclamation that will come into effect April 23, 2020, which suspends the entry of those seeking to immigrate into the United States. The reasoning behind the issuance of this Proclamation is to not burden the American economy and the healthcare system while it is recovering from Coronavirus Disease 2019 (COVID-19) and to protect U.S. workers.  Lawful Permanent Residents have “open market” employment authorization that allows them to work at any job, and this Proclamation is to limit temporarily the number of immigrant visas issued. 

President Trump, through the Proclamation, declares the following:

Effective Date

The Proclamation will be effective as of 11:59pm, April 23, 2020. 

Application:

1 – The immediate suspension of immigrants entering the United States who are outside the United States, do not have an immigrant visa valid as of the effective date, and do not have an official travel document that was valid that permits entry into the United States.

2 – The Proclamation will not apply to the following: those who are lawful permanent residents; any person seeking to enter the United States as a physician, nurse, or other healthcare professional, or in healthcare position related to combatting COVID-19; any person entering the United States as an immigrant pursuant to the EB-5 program; any person who is the spouse of a U.S. citizen; any person who is under 21 and is the child of a U.S. citizen; any person whose entry would further U.S. law enforcement objectives; any member of the U.S. Armed forces (along with spouse and children); or any person whose entry would be in the national interest.

Implementation:

The consular officer will be the one to make the decision in his or her discretion whether the applicant has established eligibility.  Any person who attempts to circumvent the Proclamation through fraud, willful misrepresentation, or illegal entry will be assessed by DHS for removal.  This Proclamation will not limit the ability of one to seek asylum, refugee status, withholding of removal, or protection under Convention Against Torture. 

Timing:

The Proclamation will expire in 60 days from April 23, 2020, and may be continued as necessary.  No later than 50 days after April 23, 2020, the secretaries of Homeland Security, State, and Labor may recommend to the president whether to continue the Proclamation.

Additional Measures:

Within 30 days of April 23, 2020, the Secretaries of Homeland Security, State, and Labor will review nonimmigrant programs to recommend additional measures in prioritizing the hiring and employment of U.S. workers 

Additional Notes:

Most U.S. consulates and embassies responsible for issuing immigrant visas are closed at the moment due to COVID-19 safety measures. 

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 114

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About this Author

Kristen Ng, Greenberg Traurig Law Firm, Nortrhern Virginia, Immigration Law Attorney
Associate

Kristen W. Ng focuses her practice on business immigration and compliance matters. She advises individuals and companies on a wide range of immigration matters, including nonimmigrant and immigrant employment-based cases, citizenship issues (acquisition, retention and relinquishment) and investor cases (E-2 and EB-5). She communicates directly with clients, including HR managers, high-level executives, and employees to ensure comprehension of each respective immigration process and procedure and to collaboratively produce the best immigration strategy and approach for...

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