Who Will Be Affected By Trump’s New Immigration Proclamation?

Mark Naugle

What is Trump’s New Immigration Proclamation?

Effective as of Thursday, April 23, 2020, at 11:59 p.m. (ET), immigration into the United States has been limited for 60 days. While the proclamation does not affect all areas of immigration, knowing who will or will not be affected can help you to understand how it may impact your immigration case. Here’s what you need to know.

What is the Objective of the Proclamation?

Due to the COVID-19 pandemic and its effect on the economy, President Trump has reasoned that the proclamation is necessary to protect jobs and avoid competition between American workers and foreign workers.

Who Does the Proclamation Affect?

If you are seeking entry into the U.S. as an immigrant under the following conditions, you will not be permitted to enter the U.S. during the proclamation period:

  • You are living outside of the U.S. as of the effective date of the proclamation.
  • You do not have a valid immigrant visa on the effective date; and
  • You do not have an official travel document such as a transportation letter, boarding foil, or advance parole document, on the effective date, or issued on any date thereafter that permits you to travel to the U.S. for entry or admission.

Who Is Exempt From the Proclamation?

You are exempt from the proclamation if:

  • You are a lawful permanent resident (LPR)
  • You are a healthcare professional working in the U.S. such as a physician, nurse, or you are performing medical research. This includes those who are performing work that is essential to the relief of COVID-19. Spouses and children of healthcare workers on an immigrant visa are permitted to stay in the U.S.
  • You are applying for an EB-5 immigrant investor visa.
  • You are a spouse of U.S. citizens.
  • You are a child of U.S. citizens under the age of 21 or a prospective adoptee entering the U.S. on an IR-4 or IH-4 visa.
  • You are a member of the U.S. armed forces. Spouses and children of armed forces members are exempt from the proclamation.
  • You are eligible for a special immigrant visa.

Will the Proclamation Be Extended?

Although the proclamation is said to be in effect for 60 days, the Secretary of Labor, the Secretary of Homeland Security, and the Secretary of State will be conducting a 30-day review. At that time, they will decide if any changes or an extension will be necessary.

Contact a Salt Lake City Immigration Lawyer

Immigration law can be challenging to understand, and as the new proclamation demonstrates, the laws can change at any moment. If you are concerned about your immigration status under Trump’s new immigration proclamation, we can help you learn your rights.

Contact Monument Immigration today at (801) 609-3659. Our immigration attorneys are ready to answer your questions and address your concerns.