President Trump Extends Restrictive Immigration-Related Presidential Proclamations Through March 31, 2021
On December 31, 2020, President Trump extended Presidential Proclamation 10014 and Presidential Proclamation 10052 until March 31, 2021.
On April 22, 2020, the president issued Presidential Proclamation 10014, which suspended for a period of 60 days (with some exceptions) the entry into the United States of those seeking first-time admission as lawful permanent residents. On June 22, 2020, President Trump issued Presidential Proclamation 10052, which further extended and expanded the suspension on entry of certain immigrants to the United States through December 31, 2020. Presidential Proclamation 10052 also included an additional suspension on entry of nonimmigrants in H-1B, H-2B, L, and J nonimmigrant status who were outside the United States and did not have a valid visa or other travel document as of June 24, 2020. Prior Immigration Updates provided additional details regarding the restrictions, the inapplicability of the restrictions to Canadians, and a federal court’s injunction of the restrictions for certain groups involved in litigation challenging Trump’s efforts.
While there was some speculation that the proclamations would not be extended due to the imminent change in presidential administrations, President Trump moved forward with the extension citing continued economic circumstances related to the pandemic. As a result of the extension, National Interest Exceptions will still be required for those subject to the proclamation until March 31, 2021, unless the incoming Biden Administration rescinds the proclamations. Accordingly, affected applicants with visa appointments scheduled prior to March 31 should consider whether additional documentation might be required to demonstrate eligibility for an exception.
As has been the case throughout the pandemic, Foster recommends avoiding any unnecessary international travel if already in the United States. If international travel is unavoidable, travelers should contact their Foster immigration attorney before making plans to depart the United States and should check again for any restrictions that may be in place immediately prior to departure. Nonimmigrants who routinely renew visas at a U.S. consulate abroad should consider applying for extension with U.S. Citizenship and Immigration Services as needed. For those nonimmigrants who are outside the United States, Foster recommends returning to the United States as soon as possible. For those who may have a pending asylum claim or are in the process of seeking asylum, it is also recommended that you contact your Foster immigration counsel.
Foster will continue to track changes in immigration law and procedure, as well as the ongoing impacts of the president’s proclamations, and will make additional updates available via our firm’s website at www.fosterglobal.com.