Introduction

We previously discussed two Presidential Proclamations, which President Trump had signed in response to the COVID-19 pandemic:

1. Proclamation 10014 (which was signed on April 22, 2020) temporarily suspended the entry of immigrants (i.e., applicants for permanent residence).
2. Proclamation 10052 (which was signed on June 22, 2020) temporarily suspended the entry of certain non-immigrants until December 31, 2020. It also extended Presidential Proclamation 10014 until December 31, 2020. 

On December 31, 2020, President Trump signed Proclamation 10131, which extended Proclamations 10014 and 10052 until March 31, 2021.

Overview of Proclamations 10014 and 10052

Proclamation 10014

As previously discussed, Proclamation 10014 states that the entry of aliens as immigrants (i.e., applicants for permanent residence) is suspended. However, it only applies to aliens who:

1. Are outside the United States on the effective date of the Proclamation (April 22, 2020);
2. Do not have an immigrant visa that is valid on the effective date of the Proclamation (April 22, 2020); and
3. 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 the Proclamation (April 22, 2020), or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission. 

A limited number of exemptions are recognized in Proclamation 10014. For example, it does not apply to existing lawful permanent residents, spouses of United States citizens, or aliens entering 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. 

Proclamation 10052

As previously discussed, Proclamation 10052 states that the entry of aliens seeking admission pursuant to any of the following non-immigrant visas is suspended:

1. An H-1B visa;
2. An H-2B visa;
3. A J visa (if participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program);
4. An L visa (which appears to include both L-1A and L-1B); and
5. Any dependent alien who is accompanying or following a principal alien who is seeking entry pursuant to one of the above visas.

However, Proclamation 10052 applies only to an alien who:

1. Is outside the United States on the effective date of the Proclamation (June 22, 2020);
2. Does not have a non-immigrant visa that is valid on the effective date of the Proclamation (June 22, 2020); and
3. Does 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 the Proclamation (June 22, 2020) or issued any day thereafter, which permits him or her to travel to the United States and seek entry.

A limited number of exemptions are recognized in Proclamation 10052. For example, it does not apply to spouses of United States citizens, an alien seeking to enter the United States in order to provide temporary labor or services essential to the United States food supply chain, or an alien whose entry would be in the national interest. 

When Proclamation 10052 was initially signed, we speculated that it might not apply to Canadian citizens, due to the specific language used. Shortly thereafter, United States Customs and Border Protection confirmed that Canadian citizens were exempt from Proclamation 10052. 

On October 1, 2020, the United States District Court for the Northern District of California in National Association of Manufacturers v. Department of Homeland Security ordered an injunction against the United States Government, preventing it from enforcing Proclamation 10052 against the plaintiffs and members of the plaintiff associations. The named plaintiffs included: (a) the National Association of Manufacturers, (b) the U.S. Chamber of Commerce, (c) the National Retail Federation, (d) TechNet, and (e) Intrax, Inc. The United States Government has appealed this order. 

Significance of the extension

Although the extension of Proclamations 10014 and 10052 will be a significant inconvenience for many individuals and businesses, it is reasonable to believe that these Proclamations will be rescinded once President-Elect Joe Biden is inaugurated on January 20, 2021. Mr. Biden has already vowed to reverse many of the immigration policies implemented by President Trump. 

Unfortunately, once Mr. Biden becomes President, he will be presented with a very long list of immigration issues that will need to be addressed. It is therefore uncertain when Proclamations 10014 and 10052 will reach the top of this list. Nevertheless, immigration policies established by Presidential Proclamation are the easiest to reverse. As a result, we are hopeful that Proclamations 10014 and 10052 will be rescinded some time before March 31, 2021.