Trump Signs Executive Proclamation Limiting US Immigration

April 23, 2020 | United States of America

As anticipated, on Wednesday evening, President Trump signed an Executive Proclamation barring some immigration into the United States. The order, which goes into effect at 11:59pm EDT on April 23, 2020, applies to foreign nationals outside the United States seeking new permanent residence (green card) status. The order, however, does not apply to:

  • U.S. lawful permanent residents;
  • Spouses and unmarried children under 21 of U.S. citizens;
  • Foreign physicians, nurses or other healthcare professionals applying for immigrant visas to perform research to combat the spread of COVID-19;
  • Applicants for EB-5 immigrant Investor visas;
  • Individuals whose entry is in the national interest;
  • Individuals who would further U.S. law enforcement objectives;
  • Certain classes of Special Immigrant Visa applicants and their family members;
  • Members of the U.S. Armed Forces and their spouses and children;

The current order is likely to affect a relatively small group of people, given the exemptions included. The impact of the order is also muted given the limited U.S. consular operations currently in place due to current COVID-19 shutdowns.

It is important to note that pursuant to the order, the Department of Homeland Security (DHS) and Department of Labor (DOL) have been instructed to study the impacts of the temporary worker program (non-immigrant visas) on the U.S. labor market. The findings are to be reported to the White House within 30 days. The President has indicated there could be additional tightening or loosening of these restrictions pursuant to the findings by DHS and the DOL.

We are closely monitoring these developments and will provide any additional information as soon possible.