On Monday night at 10:06 pm (PST) on April 20, 2020, President Trump tweeted the following:
In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!
— Donald J. Trump (@realDonaldTrump) April 20, 2020
The single tweet contained absolutely no details on what President Trump meant. The White House team scrambled to put the details together on Tuesday. This single tweet sent the immigrant community into a 36 hour-panic. At a press conferences on Tuesday afternoon, President Trump indicated that his “immigration ban” only applied to people applying for green cards.
On Wednesday afternoon, the White House released the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.”
The proclamation is effective at 11:59 p.m. (EST) on April 23, 2020 and will remain in place for sixty (60) days.
What is the difference between a Presidential Proclamation and an Executive Order?
Proclamations carry the same force of law as an executive order. The difference is that executive orders are aimed at those ”inside” government, but proclamations are aimed at those “outside” government.
WHO DOES THE PROCLAMATION APPLY TO?
It only suspends the entry of immigrants (i.e. green card applicants) who:
- are outside the United States on the effective date of this proclamation;
- do not have an immigrant visa that is valid on the effective date of this proclamation; 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 the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
WHO IS EXEMPT FROM THE PROCLAMATION?
It only suspends the entry of immigrants (i.e. green card applicants) who:
- any lawful permanent resident of the United States; (i.e. anyone with a green card);
- any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
- any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
- any alien who is the spouse of a United States citizen;
- any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
- any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
- any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
- any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or,
- any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
The proclamation expires in 60 days, but may be continued as necessary.
WHAT DOES IT ALL MEAN?
- If you are already here in the United States in valid nonimmigrant status (e.g. B-1, B-2, E-1, E-2, E-3, F-1, F-2, H-1B, H-1B1, H-3, H-4, I, J-1, J-2, L-1, L-2, M-1, O-1, O-2, O-3, P-1, P-2, P-3, Q, R-1, R-2, TN, TD), it does not impact you.
- If you are already here in the United States in valid status (as listed above) and have applied for a green card, this proclamation does not apply to you. USCIS can still adjudicate your application.
- If you are currently in the United States in valid status (as listed above) and are about to apply or are planning to apply for a green card, you can still apply for a green card!
- If you are outside of the United States, you can still apply for a green card which will take months or years to be adjudicated. The proclamation simply prohibits “entry” into the United States during the designated 60-day period. As a practical matter, this may not significantly impact many applicants since the final step in the process is to attend an interview at a U.S. embassy or consulate, which then issues an immigrant visa. All U.S. embassies and consulates have already suspended visa operations (i.e. no interviews) during the COVID 19 pandemic.
Bottom line, aside from the single tweet that created widespread anxiety and slight panic for many immigrants, the proclamation will not have an impact on those who are in valid status in the United States, or those with pending green card cases or those who are planning to apply for green cards.
