UPDATE JULY 9, 2020: President Trump extended the suspension of Green Card issuance for certain groups of people outside the US though December 31, 2020,
President Trump yesterday signed a presidential proclamation effective today, April 23, 2020 at 11:59pm EDT, temporarily blocking for sixty days the issuance of immigrant visas (Green Cards) to those outside the United States. This proclamation is meant to assist with the economic recovery for American workers affected by the coronavirus (COVID-19) pandemic and comes after the president’s tweet earlier this week where he said he would “suspend immigration.” The proclamation itself is more limited in scope than President Trump’s initial claim and only applies for a period of sixty days to those foreign nationals applying for an immigrant visa (Green Card) who are physically outside the US. The proclamation provides key exceptions for the following:
Those holding an immigrant visa valid on the effective date of the proclamation;
Lawful permanent residents of the US;
Spouses and children (who are under twenty-one-years-old) or prospective adoptee of US citizens;
Physicians, nurses, healthcare professionals, or medical researchers or other essential workers combatting COVID-19 and their spouses and/or children under twenty-one-years-old;
Investors under the EB-5 Immigrant Investor Program;
Members of the US military and their spouse and children;
Foreign nationals who have an official travel document other than a visa (including a transportation letter or advance parole document) that is valid on the effective date of the proclamation or after and allows the foreign national to travel to the US to seek admission;
Foreign nationals determined important to US law enforcement objectives;
Foreign nationals seeking to enter the US pursuant to a Special Immigrant Visa in the SI or SQ classification and their spouses and children;
Foreign nationals whose entry would be in the national interest;
The proclamation does not apply to those who are in the US already and in the process of applying for adjustment of status or will apply for adjustment of status with US Citizenship & Immigration Services (USCIS). Nor does it apply to foreign nationals applying for a nonimmigrant visa including an O-1, H-1B, L-1, or P-1, among others, and additionally it does not apply to students or guest workers including farmworkers. Certain family members of US citizens are not entitled to any exemption including parents, adult children, and siblings of citizens seeking to immigrate to the US.
The proclamation also asks the Secretary of Labor, the Secretary of Homeland Security and the Secretary of State to review nonimmigrant programs and provide recommendations on whether further restrictions are required within thirty days. Consular officers as well as the Secretary of State and Secretary of Homeland Security will determine eligibility for individuals based on the exceptions listed above. This proclamation does not limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Since US Embassies/Consulates remain closed around the world and as such no visa (immigrant or nonimmigrant) can be issued at this time, the proclamation doesn’t really add a new restriction that wasn’t in place already for now. The restrictions could also be expanded and extended after sixty days “based on economic conditions at the time.”
Critics of this proclamation and other immigration restrictions have emphasized research that shows immigrants have an overall positive effect on the economy. Krish O’Mara Vignarajah, the president and chief of the Lutheran Immigration and Refugee Service, told the New York Times that “economically speaking, the thinking behind this order plays into the patently flawed idea that American prosperity is a zero-sum game. To the contrary, we see consistently that immigrants are essential, entrepreneurial, taxpaying, and job-creating members of society.”