Trump suspends entry of immigrants who present a risk to the economic recovery of the US following the coronavirus outbreak
Trump suspends entry of immigrants who present a risk to the economic recovery of the US following the coronavirus outbreak
If you have any questions related to immigration in San Diego, California, call us today at (619) 746-8879
On April 21, President Donald Trump announced that he will be placing a pause for 60 days on the issuance of certain immigration Green Cards. According to him, this is in an effort to limit competition for jobs in the United States while they recover from the impact that the coronavirus outbreak has had on the country’s economy.
“‘To protect American workers I will be issuing a temporary suspension of immigrating into the United States,’ Trump said at a White House briefing after tweeting about the order late Monday night”, you can read in an article that CNBC published.
This measure is not going to impact those who are in the country on a temporary basis, only those who are seeking Green Cards and are hoping to stay. Nonetheless, it will impact Green-Card-holders’ relatives who will not be allowed in the country to stay permanently.
“While a hard stop on immigration would normally affect millions of people, much of the immigration system has already ground to a halt because of the pandemic. Almost all visa processing by the State Department has been suspended for weeks. Travel to the U.S. has been restricted from much of the globe. And Trump has used the virus to effectively end asylum at US borders, including turning away children who arrive by themselves and putting a hold on refugee resettlement — something Congress, the courts and international law hadn’t previously allowed”, the article reads.
The presidential proclamation said that if this intervention did not take place, the United States would face a protracted economic recovery “with persistently high unemployment if labor supply outpaces labor demand”.
Suspension of entry into the United States
Section 2 of the proclamation says that the suspension of entry will only apply to aliens that:
(i) are outside the United States on the effective date of this proclamation;
(ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and
(iii) 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.
Additionally, it does not apply to:
(i) any lawful permanent resident of the United States;
(ii) 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;
(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
(iv) any alien who is the spouse of a United States citizen;
(v) 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;
(vi) 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;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) 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
(ix) 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.
A lawsuit asks judge to stop Trump’s immigration order
On April 27, a legal action emerged asking a federal judge to place a temporary restraining order on the presidential proclamation that was issued on April 22, as you can read in an article Forbes published.
“The legal action builds on an existing lawsuit that has blocked the Trump administration from implementing a presidential proclamation to bar new immigrants without health insurance. The new filing hopes to stop what plaintiffs see as potential harm to families, including children who could ‘age out’ of the immigration process due to the April 22nd proclamation”, the article reads.
The Justice Action Center, JAC, the American Immigration Lawyers Association (AILA), and Innovation Law Lab, with pro bono counsel Sidley Austin LLP and Latino Network, were the plaintiffs who filed a temporary restraining order on April 25, 2020. In it, they wrote that the presidential proclamation issued on April 22, 2020, threatens serious harm to immigrant family members who have been waiting to reunite after many years.
Forbes also wrote that the temporary restraining order, TRO, was filed as part of the ongoing suit against the preliminarily enjoined Healthcare Insurance Proclamation. “Per Judge Simon’s order, the Court will hold a telephone oral argument on Wednesday, April 29, 2020, at noon Pacific time”, they explained.
In the meantime, if you have any questions about your legal status in the United States, your immigration process, and if this presidential proclamation could hurt you or not, contact Kannan Law immigration attorneys in San Diego, California, today.
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[…] This measure, however, does not affect those who are in the country on a temporary basis, only those who are seeking Green Cards. If you want to read more about this topic, you may do so on our blog. […]