Trump's 60 Day Freeze on Certain U.S. Immigration

Trump issued a proclamation on April 22, 2020, effective April 23, 2020 at 11:59 PM EST, to stop immigration coming from outside of the U.S. It affects those intending immigrants who are outside of the U.S. on the effective date of the proclamation, who do not have an immigrant visa that is valid on the effective date of the proclamation, and do not have a valid travel document other than a (nonimmigrant) visa that is valid on the effective date of the proclamation or issued after permitting the alien to travel to/seek entry to the U.S. (e.g., a transportation letter, boarding foil, or advance parole document).

This limitation does NOT apply to the following:

(1) U.S. Lawful Permanent Residents

(2) Those entering the U.S. on an Immigrant Visa as a physician, nurse, or other healthcare provider for the purpose of performing medical/other research to combat COVID-19 or performing work that is essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak. (Includes their spouse and their unmarried children under 21 years who will accompany or follow-to-join the primary immigrant).

(3) Those entering under the EB-5 program

(4) The spouse of a U.S. citizen

(5) The unmarried and under 21 year old child of a U.S. citizen or will enter the U.S. on IR-4 or IH-4 adoptee

(6) Those entering whose entry would further important U.S. Law Enforcement objectives

(7) Member of the U.S. Armed Forces and their spouse and children

(8) Those entering pursuant to a Special Immigrant Visa in SI or SQ classification (includes their spouse and children)

(9) Those whose entry would be in the national interest per the Secretary of State, the Secretary of Homeland Security, or their respective designees.

(h) Those seeking 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 U.S.

The proclamation is set to expire at 60 days from the effective date of the proclamation, but can be extended, if necessary. Trump should be advised no later than 50 days from the effective date of the proclamation by the Secretary of State in consultation with the Secretary of State and the Secretary of Labor whether to continue or modify the proclamation.

Trump should be advised within 30 days of the proclamation by the Secretary of Labor and the Secretary of Homeland Security, and, in consultation with the Secretary of State after a review of the nonimmigrant programs and recommend any appropriate measures to ensure the stimulation of the U.S. economy and to ensure the prioritization hiring, and employment of U.S. workers.

The proclamation comes complete with a severability clause in the case that a portion of this proclamation is found invalid.

Trump justifies his actions under INA 212(f) (8 U.S. Code 1182(f)) by concluding that the entry of such people temporarily barred by the proclamation as being detrimental to the U.S. INA 212(f) grants the President broad authority to restrict or suspend the entry of any aliens or class of aliens that the President finds detrimental to the U.S. Specifically, Trump points out a need to protect certain historically disadvantaged groups (specifically, African Americans and other minorities, those without a college degree, and the disabled) and other unemployed Americans from those people entering the U.S. with unrestricted employment authorization (the green card) and the strain that this additional entry of people would put on our healthcare system that needs to be focused on treating Americans and the existing immigrant population. A Forbes article on this topic points on that this proclamation temporarily bars the same family-based categories that Trump sought to eliminate in 2018 legislation and that it is not supported by any sound research. However, based on the fact that this grant of authority has been historically unrestricted and could possibly pass the rational basis test (see Trump v. Hawaii, 585 U. S. ____ (2018)), it should be anticipated that this proclamation will stand and carried out as long as there is the economic or hospital capacity concern to justify it. In a Fox News Interview, the Acting Secretary of the U.S. Department of Homeland Security hinted that there will be more immigration related restrictions coming.

It is important to consider whether and how this proclamation may affect your case or current situation. If you have questions or concerns regarding how this proclamation may affect you, you may wish to consult with an Immigration Attorney. Attorney Rebecca Carcagno handles immigration law and is available on a consultation basis at (734) 999-0360.

***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***  

Sources:

(1) https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

(2) https://www.forbes.com/sites/stuartanderson/2020/04/23/new-trump-immigration-order-does-what-senate-rejected-in-2018/#244379421f10

(3) https://www.cnn.com/2020/04/23/politics/chad-wolf-immigration-coronavirus/index.html

Rebecca Carcagno

The Law Offices of Rebecca Carcagno, PLLC

3830 Packard St, Suite 240

Ann Arbor, MI 48108