President Trump Issues Proclamation Banning Entry of New Immigrants to U.S. for 60 Days

Miles & Stockbridge P.C.

On April 22, 2020, President Trump issued a proclamation suspending the entry of certain immigrants for 60 days. The proclamation applies only to a limited group of new immigrants who are currently outside the United States and does not impact foreign nationals who are in the U.S. or who are seeking to enter on temporary visas. However, the proclamation does leave the door open for future restrictions, which may impact those in temporary work visa status such as H-1B, TN and L-1.

Specifically, 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 date thereafter that permits travel to the United States to seek entry or admission.

The following categories are exempted from the proclamation:

  • 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.
  • 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.
  • Foreign nationals whose entry furthers U.S. law enforcement objectives.
  • Asylum seekers and certain Special Immigrant entrants such as Iraqi and Afghani nationals who have assisted the U.S. military.
  • Any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces.
  • Foreign nationals whose entry would be in the national interest.

The proclamation is much narrower in scope than was suggested by President Trump’s April 20 tweet referencing an Executive Order to “temporarily suspend immigration into the United States” to protect the U.S. labor market in the wake of the coronavirus pandemic. Given that the U.S. Department of State has already suspended routine immigrant and nonimmigrant visa services at all U.S. Embassies and Consulates, the immediate impact of this Proclamation is probably insignificant.

The Proclamation directs the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, to review nonimmigrant visa programs and recommend other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring and employment of United States workers. As such, even though the Proclamation does not have an immediate impact on temporary work visa programs, such as H-1B, TN and L-1, future restrictions on these programs may be on the horizon.

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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