On April 22, 2020, President Trump issued a proclamation suspending entry of immigrants who present risk to the United States labor market.1 The proclamation was issued to lessen “the impact of foreign workers on the United States labor market” and “conserve critical State Department resources so that consular officers may continue to provide services to United States citizens abroad.” Id.
In particular, the proclamation temporarily suspends the entry of immigrants into the United States:
The temporary suspension applies to aliens who meet all of the following three (3) criteria:
- Are outside the United States on [April 22, 2020];
- Do not have an immigrant visa that is valid on [April 22, 2020]; and
- Do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on [April 22, 2020] or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission. Id.
There are certain exceptions to the suspension and limitation of entry. Id. These exceptions apply predominately to aliens seeking to enter the United States as physicians, nurses, other healthcare professionals, or to perform medical research or other research intended to combat the spread of COVID-19. Id. Lawful permanent residents and spouses of U.S. citizens are also included as exceptions to the temporary suspension and limitation. Id.
As for asylees and refugees, “Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.” Id.
This proclamation was set in effective at 11:59 p.m. eastern daylight time on April 23, 2020. Id. The proclamation will expire on June 22, 2020 (60 days from its effective date) unless the Secretary of Homeland Security, in consultation with the Secretary of State, recommends that the proclamation continue. Id.
The proclamation suggests that the Secretary of Labor and the Secretary of Homeland Security will, by May 23, 2020, review nonimmigrant programs and recommend “additional measures” to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers. Id.
Lally Immigration Services, LLC is closely monitoring the situation and will provide updates as they become available. If you have questions about the temporary suspension of immigration to the United States, contact Lally Immigration Services, LLC at (617) 870-1000 or by email to [email protected].
- See: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/
