SOCIAL DISTANCING FOR IMMIGRANTS – PRESIDENT TRUMP’S 04/22/2020 EXECUTIVE ORDER

On Wednesday, April 22, 2020, President Trump signed an Executive Order that would restrict some people from entering the country over the next two months but does not shut off all applications for permanent residence or for other temporary visa workers as he had publicly declared one day earlier. The order does block some new entrants who do not already have visas or travel documents, but also exempts a broad range of other visa categories. Below is the summary of this Executive Order.

• Effective at 11:59 p.m. eastern daylight time on April 23, 2020 (the “Effective Date”), President Trump is suspending and limiting the entry of aliens who are intending to immigrate, i.e. intending to reside permanently in the U.S.

• The Order applies only to the following individuals, as listed in Section 2(a) of the Order:

1. Aliens who are outside of the U.S. on the Effective Date and are attempting to immigrate;
2. Aliens that do not have an immigrant visa that is valid on the Effective Date; and
3. Aliens that 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 or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

• The Order does not apply to the following individuals as listed in Section 2(b) of the Order:

1. Any lawful permanent resident of the United States;

1.  any alien seeking to enter the United States on an immigrant visa: as a physician, nurse, or other healthcare professionals;
2. to perform medical research or other research intended to combat the spread of COVID-19; or
3. to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and
4. any spouse and unmarried children under 21 years old or any such alien who are accompanying or following to join any such alien listed above;

2. Any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program
3. Any alien who is the spouse of a United States citizen;
4. Any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
5. Any alien whose entry would further important the United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
6. Any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
7. Any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
8. Any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

• The Order does not limit individuals’ abilities to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

• Duration of the Order: 60 days from the Effective Date; however, and may be continued or adjusted by the President.

• Additional measures may be implemented within 30 days of the Effective Date if deemed necessary by the President.

Stay tuned for additional information as the COVID-19 crisis develops.

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©ScottHulse, P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between ScottHulse and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. The Value of Commitment^TM At ScottHulse, we know the value of commitment. A solid, firm-wide commitment to our clients and strong values, including integrity, excellence, and responsiveness, has sustained the ScottHulse tradition of service for more than 130 years. This information is provided by our Immigration Section.