In a tweet early this morning, President Trump announced his intention to suspend immigration to the United States through an executive order. In the tweet, Mr. Trump indicated that this policy was both in response to COVID-19 and to protect the jobs of U.S. citizens.
At this moment, details are unclear, including whether the planned ban includes both temporary and permanent visa entrants and who, if anyone, will be exempt.
This post will be updated as more information becomes available. Of course, Tailwind Immigration Law will continue to fight for the rights of its clients during this unprecedented time.
UPDATE 4/22/20:
President Trump has announced that the new policy will only apply to issuance of green cards, will last an initial period of 60 days, and will have certain exemptions. The Trump administration is set to release full details in the next 24-48 hours.
UPDATE 4/23/20:
The full policy has been announced by presidential proclamation. The proclamation is available here: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/
The policy suspends issuance of immigrant visas for 60 days and applies only to those who:
(i) are outside the United States on the effective date of the proclamation;
(ii) do not have an immigrant visa that is valid on the effective date of the 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, the following individuals are exempt from the 60-day delay:
(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.
Open questions remain, including whether this policy will be extended beyond the initial period of 60 days and whether stepchildren of U.S. citizens who are under 21 will also be exempt from the delay.
Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.