On May 24, 2020, President Trump issued a proclamation temporarily suspending entry of certain individuals to the U.S. Below please find a summary of the President’s Proclamation. The Proclamation became effective on Tuesday, May 26, 2020 at 11:59 PM (ET), and suspends “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States…”
The President’s Proclamation was originally scheduled to take effect on Thursday, May 28, at 11:59 pm (ET), however, on May 25, 2020, President Trump issued an amendment stating, “This proclamation is effective at 11:59 p.m. eastern daylight time on May 26, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on May 26, 2020.”
“Immigrants” include foreign nationals intending to live and work permanently in the United States. In contrast, “non-immigrants” include foreign nationals seeking to enter the United States on a temporary basis for tourism, business, and certain types of temporary work, among other purposes.
The following categories are exempted from the Proclamation:
- any lawful permanent resident of the United States;
- any alien who is the spouse of a U.S. citizen or lawful permanent resident;
- any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
- any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
- any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
- any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
- any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
- any alien
- seeking entry into or transiting the United States pursuant to one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or
- whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
- any alien who is a member of the U.S. Armed Forces and any alien who is a spouse or child of a member of the U.S. Armed Forces;
- any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
- any alien whose entry would further important 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; or
- any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.
The Proclamation states that it does not affect any individual’s ability to apply for asylum, withholding of removal or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.
The Proclamation also states that individuals who circumvent the application of the proclamation through fraud, willful misrepresentation or illegal entry will be prioritized for removal.
The Proclamation will remain in effect until terminated by the President. The Secretary of Health and Human Services will, as circumstances warrant and no more than 15 days after the date of the proclamation and thereafter on the first and fifteenth day of each calendar month, recommend that the President continue, modify, or terminate the Proclamation.
Companies and individuals with ongoing or prospective immigration processes and their employees, colleagues or family members who may be affected by the Proclamation should consult with counsel on individual situations.
If you have any questions, please contact Gunster attorneys Sarah Tobocman, Mariana Ribeiro, Beatriz Osorio, and Maria Romero.
