President Trump has issued Presidential Proclamations on April 22, 2022 (PP 10014) suspending the entry of new immigrants by 60 days (those seeking permanent residency). Executive Order 10052 extended the validity of suspension till December, 31 2020. Current Executive Order (EO) impacts following group of individuals:
- Those who are outside the United States on the effective date of this proclamation [11:59 p.m. eastern daylight time on April 23, 2020. (boarding aircraft before April 23 will be permitted)];
- Do not have an immigrant visa that is valid on the effective date of this proclamation; AND
- Those who 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.
Following are listed under exempted from the suspension or limitation on entry based on Executive Orders of April 22, 2020 (PP 10014) and June 22, 2020 (PP 10052):
- any lawful permanent resident of the United States;
- Spouse, child or an adopted child of U.S. citizen;
- 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.
- Asylum seekers;
- Refugees;
- those with withheld removal;
- those protected under Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- Any one applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
- 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.
Legal background
Immigration and Nationality Act (“INA”) Section 212(f) gives the President the authority to suspension of entry or impose restrictions on any non-citizens (aka aliens!) or of any class of non-citizens. However this authority is not absolute. The President would have to ‘make a finding’ that their entry will be detrimental to the interests of the “United States“; he or she will have to make a proclamation; he or she would have to set a period necessary for [in protecting interests of the “United States”] the suspension or restriction. Such an action could be in form of:
- suspension of the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or
- impose on the entry of aliens any restrictions the President may deem to be appropriate.
INA 212(f) [8 U.S. Code 1182(f)]:
(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
[This is a developing story, last updated June 22, 2020. ]
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice.
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