- What Clients Should Know
Note: At this time, the Executive Order has not been made public.
Here’s What We Know (As of April 22, 2020, 4:00 pm (ET))
On April 20, 2020, President Trump tweeted that he will be signing an Executive Order to temporarily suspend immigration into the United States as a result of the 2019 novel coronavirus (COVID-19) pandemic.
During a press briefing on April 21, 2020, President Trump announced: “This order will only apply to individuals seeking a permanent residency, in other words, those receiving green cards.” He noted that the order “will not apply to those entering on a temporary basis” and that “the pause will be in effect for 60 days” with the possibility of a later extension or modification.
President Trump later tweeted that he intends to sign the order on Wednesday, April 22, 2020.
To date, President Trump has neither signed nor publicly released the Executive Order.
Fact
• Routine visa services at all U.S. embassies and consular posts around the world have been suspended as of March 20, 2020. U.S. embassies and consulates continue to provide urgent and emergency visa services as resources allow. The Department of State (DOS) intends to continue to process visa applications for farm workers and medical professionals assisting with COVID-19.
• U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended in-person services through at least May 3, 2020, including in-person interviews and biometrics processing. USCIS staff will continue to perform duties that do not involve contact with the public and will provide emergency services for limited in-person situations.
• The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.
• With some exceptions, the entry of individuals who were present in China, Iran, the Schengen Area, the U.K., and Ireland, during the 14-day period before their attempted entry into the United States has also been suspended.
• Despite these limitations, USCIS continues to accept and process applications and petitions, including applications requesting an extension or change of status.
Fiction
• There will be a complete halt on all immigration into the United States. o Based on what we know, there will NOT be a complete halt on immigration. President Trump announced in a press briefing on April 21 that the suspension will only apply to individuals seeking permanent residency and will not affect those entering the country on a temporary basis. The President also indicated that the Executive Order will include some exemptions. Finally, the President also referred to the possibility of extending the 60-day suspension and additional orders.
What Is AILA Doing
The American Immigration Lawyers Association (AILA) has urged the Administration to implement rational, policy-based measures during this national crisis. AILA previously sued USCIS seeking the immediate suspension of immigration benefit deadlines and the maintenance of status for nonimmigrants in the United States amid the COVID-19 pandemic. AILA is closely monitoring the situation, and will post any updates immediately on AILA.org.
What Our Office Is Doing
We are closely monitoring the situation and will reach out to clients who might be affected by the anticipated Executive Order as soon as we know more.
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