Trump’s Immigration Proclamation

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Yesterday the White House released Trump’s Proclamation restricting immigration to the United States. Highlights include:

  • It suspends the entry into the United States of new permanent residents, which ban will last for at least 60 days.
  • The suspension applies only to those outside the United States who do not have an immigrant visa, impacting those seeking entry as permanent residents under the diversity visa program as well as employment- and family-based categories.
  • It does not apply to anyone seeking entry as a non-immigrant and it does not appear to apply to those with a pending application for lawful permanent resident status with U.S. Citizenship and Immigration Services.
  • Exceptions include for those seeking entry on (i) an immigrant visa as a healthcare professional, researcher, or related to COVID-19; and (ii) EB-5 investors.  There are additional exceptions not listed here.
  • The Proclamation is effective at 11:59 pm on 4/23/2020.

To be watched as this language is worrisome.  Section 6 of the Proclamation states, “Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.” (emphasis added)

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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