Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, 23441-23444 [2020-09068]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Presidential Documents]
[Pages 23441-23444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09068]



[[Page 23439]]

Vol. 85

Monday,

No. 81

April 27, 2020

Part II





The President





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Proclamation 10014--Suspension of Entry of Immigrants Who Present a 
Risk to the United States Labor Market During the Economic Recovery 
Following the 2019 Novel Coronavirus Outbreak


                        Presidential Documents 



Federal Register / Vol. 85 , No. 81 / Monday, April 27, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 23441]]

                Proclamation 10014 of April 22, 2020

                
Suspension of Entry of Immigrants Who Present a 
                Risk to the United States Labor Market During the 
                Economic Recovery Following the 2019 Novel Coronavirus 
                Outbreak

                By the President of the United States of America

                A Proclamation

                The 2019 Novel Coronavirus (COVID-19) has significantly 
                disrupted the livelihoods of Americans. In Proclamation 
                9994 of March 13, 2020 (Declaring a National Emergency 
                Concerning the Novel Coronavirus Disease (COVID-19) 
                Outbreak), I declared that the COVID-19 outbreak in the 
                United States constituted a national emergency, 
                beginning March 1, 2020. Since then, the American 
                people have united behind a policy of mitigation 
                strategies, including social distancing, to flatten the 
                curve of infections and reduce the spread of SARS-CoV-
                2, the virus that causes COVID-19. This needed 
                behavioral shift has taken a toll on the United States 
                economy, with national unemployment claims reaching 
                historic levels. In the days between the national 
                emergency declaration and April 11, 2020, more than 22 
                million Americans have filed for unemployment.

                In the administration of our Nation's immigration 
                system, we must be mindful of the impact of foreign 
                workers on the United States labor market, particularly 
                in an environment of high domestic unemployment and 
                depressed demand for labor. We must also conserve 
                critical State Department resources so that consular 
                officers may continue to provide services to United 
                States citizens abroad. Even with their ranks 
                diminished by staffing disruptions caused by the 
                pandemic, consular officers continue to provide 
                assistance to United States citizens, including through 
                the ongoing evacuation of many Americans stranded 
                overseas.

                I have determined that, without intervention, the 
                United States faces a potentially protracted economic 
                recovery with persistently high unemployment if labor 
                supply outpaces labor demand. Excess labor supply 
                affects all workers and potential workers, but it is 
                particularly harmful to workers at the margin between 
                employment and unemployment, who are typically ``last 
                in'' during an economic expansion and ``first out'' 
                during an economic contraction. In recent years, these 
                workers have been disproportionately represented by 
                historically disadvantaged groups, including African 
                Americans and other minorities, those without a college 
                degree, and the disabled. These are the workers who, at 
                the margin between employment and unemployment, are 
                likely to bear the burden of excess labor supply 
                disproportionately.

                Furthermore, lawful permanent residents, once admitted, 
                are granted ``open-market'' employment authorization 
                documents, allowing them immediate eligibility to 
                compete for almost any job, in any sector of the 
                economy. There is no way to protect already 
                disadvantaged and unemployed Americans from the threat 
                of competition for scarce jobs from new lawful 
                permanent residents by directing those new residents to 
                particular economic sectors with a demonstrated need 
                not met by the existing labor supply. Existing 
                immigrant visa processing protections are inadequate 
                for recovery from the COVID-19 outbreak. The vast 
                majority of immigrant visa categories do not require 
                employers to account for displacement of United States 
                workers.

[[Page 23442]]

                While some employment-based visas contain a labor 
                certification requirement, because visa issuance 
                happens substantially after the certification is 
                completed, the labor certification process cannot 
                adequately capture the status of the labor market 
                today. Moreover, introducing additional permanent 
                residents when our healthcare resources are limited 
                puts strain on the finite limits of our healthcare 
                system at a time when we need to prioritize Americans 
                and the existing immigrant population. In light of the 
                above, I have determined that the entry, during the 
                next 60 days, of certain aliens as immigrants would be 
                detrimental to the interests of the United States.

                NOW, THEREFORE, I, DONALD J. TRUMP, President of the 
                United States, by the authority vested in me by the 
                Constitution and the laws of the United States of 
                America, including sections 212(f) and 215(a) of the 
                Immigration and Nationality Act, 8 U.S.C. 1182(f) and 
                1185(a), and section 301 of title 3, United States 
                Code, hereby find that the entry into the United States 
                of persons described in section 1 of this proclamation 
                would, except as provided for in section 2 of this 
                proclamation, be detrimental to the interests of the 
                United States, and that their entry should be subject 
                to certain restrictions, limitations, and exceptions. I 
                therefore hereby proclaim the following:

                Section 1. Suspension and Limitation on Entry. The 
                entry into the United States of aliens as immigrants is 
                hereby suspended and limited subject to section 2 of 
                this proclamation.

                Sec. 2. Scope of Suspension and Limitation on Entry. 
                (a) The suspension and limitation on entry pursuant to 
                section 1 of this proclamation shall apply only to 
                aliens who:

(i) are outside the United States on the effective date of this 
proclamation;

(ii) do not have an immigrant visa that is valid on the effective date of 
this proclamation; and

(iii) 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 this proclamation or 
issued on any date thereafter that permits him or her to travel to the 
United States and seek entry or admission.

                    (b) The suspension and limitation on entry pursuant 
                to section 1 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any alien seeking to enter 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; or 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 any spouse and unmarried children under 21 years old of any 
such alien who are accompanying or following to join the alien;

(iii) any alien applying for a visa to enter the United States pursuant to 
the EB-5 Immigrant Investor Program;

(iv) any alien who is the spouse of a United States citizen;

(v) 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;

(vi) 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;

(vii) any member of the United States Armed Forces and any spouse and 
children of a member of the United States Armed Forces;

[[Page 23443]]

(viii) 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

(ix) 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.

                Sec. 3. Implementation and Enforcement. (a) The 
                consular officer shall determine, in his or her 
                discretion, whether an immigrant has established his or 
                her eligibility for an exception in section 2(b) of 
                this proclamation. The Secretary of State shall 
                implement this proclamation as it applies to visas 
                pursuant to such procedures as the Secretary of State, 
                in consultation with the Secretary of Homeland 
                Security, may establish in the Secretary of State's 
                discretion. The Secretary of Homeland Security shall 
                implement this proclamation as it applies to the entry 
                of aliens pursuant to such procedures as the Secretary 
                of Homeland Security, in consultation with the 
                Secretary of State, may establish in the Secretary of 
                Homeland Security's discretion.

                    (b) An alien who circumvents the application of 
                this proclamation through fraud, willful 
                misrepresentation of a material fact, or illegal entry 
                shall be a priority for removal by the Department of 
                Homeland Security.
                    (c) Nothing in this proclamation shall be construed 
                to limit the ability of an individual to seek asylum, 
                refugee status, withholding of removal, or protection 
                under the Convention Against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, 
                consistent with the laws of the United States.

                Sec. 4. Termination. This proclamation shall expire 60 
                days from its effective date and may be continued as 
                necessary. Whenever appropriate, but no later than 50 
                days from the effective date of this proclamation, the 
                Secretary of Homeland Security shall, in consultation 
                with the Secretary of State and the Secretary of Labor, 
                recommend whether I should continue or modify this 
                proclamation.

                Sec. 5. Effective Date. This proclamation is effective 
                at 11:59 p.m. eastern daylight time on April 23, 2020.

                Sec. 6. Additional Measures. Within 30 days of the 
                effective date of this proclamation, the Secretary of 
                Labor and the Secretary of Homeland Security, in 
                consultation with the Secretary of State, shall review 
                nonimmigrant programs and shall recommend to me other 
                measures appropriate to stimulate the United States 
                economy and ensure the prioritization, hiring, and 
                employment of United States workers.

                Sec. 7. Severability. It is the policy of the United 
                States to enforce this proclamation to the maximum 
                extent possible to advance the interests of the United 
                States. Accordingly:

                    (a) if any provision of this proclamation, or the 
                application of any provision to any person or 
                circumstance, is held to be invalid, the remainder of 
                this proclamation and the application of its provisions 
                to any other persons or circumstances shall not be 
                affected thereby; and
                    (b) if any provision of this proclamation, or the 
                application of any provision to any person or 
                circumstance, is held to be invalid because of the lack 
                of certain procedural requirements, the relevant 
                executive branch officials shall implement those 
                procedural requirements to conform with existing law 
                and with any applicable court orders.

                Sec. 8. General Provisions. (a) Nothing in this 
                proclamation shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or,

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

[[Page 23444]]

                    (b) This proclamation shall be implemented 
                consistent with applicable law and subject to the 
                availability of appropriations.
                    (c) This proclamation is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-second day of April, in the year of our Lord two 
                thousand twenty, and of the Independence of the United 
                States of America the two hundred and forty-fourth.
                
                
                    (Presidential Sig.)

[FR Doc. 2020-09068
Filed 4-24-20; 11:15 am]
Billing code 3295-F0-P