Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, 38263-38267 [2020-13888]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 123 (Thursday, June 25, 2020)]
[Presidential Documents]
[Pages 38263-38267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13888]



[[Page 38261]]

Vol. 85

Thursday,

No. 123

June 25, 2020

Part II





The President





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Proclamation 10052--Suspension of Entry of Immigrants and Nonimmigrants 
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. 123 / Thursday, June 25, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 38263]]

                Proclamation 10052 of June 22, 2020

                
Suspension of Entry of Immigrants and 
                Nonimmigrants 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 Americans' livelihoods. Since March 2020, 
                United States businesses and their workers have faced 
                extensive disruptions while undertaking certain public 
                health measures necessary to flatten the curve of 
                COVID-19 and reduce the spread of SARS-CoV-2, the virus 
                that causes COVID-19. The overall unemployment rate in 
                the United States nearly quadrupled between February 
                and May of 2020--producing some of the most extreme 
                unemployment ever recorded by the Bureau of Labor 
                Statistics. While the May rate of 13.3 percent reflects 
                a marked decline from April, millions of Americans 
                remain out of work.

                In 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), I 
                determined that, without intervention, the United 
                States faces a potentially protracted economic recovery 
                with persistently high unemployment if labor supply 
                outpaces labor demand. Consequently, I suspended, for a 
                period of 60 days, the entry of aliens as immigrants, 
                subject to certain exceptions. As I noted, lawful 
                permanent residents, once admitted pursuant to 
                immigrant visas, are granted ``open-market'' employment 
                authorization documents, allowing them immediate 
                eligibility to compete for almost any job, in any 
                sector of the economy. Given that 60 days is an 
                insufficient time period for the United States labor 
                market, still stalled with partial social distancing 
                measures, to rebalance, and given the lack of 
                sufficient alternative means to protect unemployed 
                Americans from the threat of competition for scarce 
                jobs from new lawful permanent residents, the 
                considerations present in Proclamation 10014 remain.

                In addition, pursuant to Proclamation 10014, the 
                Secretary of Labor and the Secretary of Homeland 
                Security reviewed nonimmigrant programs and found that 
                the present admission of workers within several 
                nonimmigrant visa categories also poses a risk of 
                displacing and disadvantaging United States workers 
                during the current recovery.

                American workers compete against foreign nationals for 
                jobs in every sector of our economy, including against 
                millions of aliens who enter the United States to 
                perform temporary work. Temporary workers are often 
                accompanied by their spouses and children, many of whom 
                also compete against American workers. Under ordinary 
                circumstances, properly administered temporary worker 
                programs can provide benefits to the economy. But under 
                the extraordinary circumstances of the economic 
                contraction resulting from the COVID-19 outbreak, 
                certain nonimmigrant visa programs authorizing such 
                employment pose an unusual threat to the employment of 
                American workers.

                For example, between February and April of 2020, more 
                than 17 million United States jobs were lost in 
                industries in which employers are seeking

[[Page 38264]]

                to fill worker positions tied to H-2B nonimmigrant 
                visas. During this same period, more than 20 million 
                United States workers lost their jobs in key industries 
                where employers are currently requesting H-1B and L 
                workers to fill positions. Also, the May unemployment 
                rate for young Americans, who compete with certain J 
                nonimmigrant visa applicants, has been particularly 
                high--29.9 percent for 16-19 year olds, and 23.2 
                percent for the 20-24 year old group. The entry of 
                additional workers through the H-1B, H-2B, J, and L 
                nonimmigrant visa programs, therefore, presents a 
                significant threat to employment opportunities for 
                Americans affected by the extraordinary economic 
                disruptions caused by the COVID-19 outbreak.

                As I described in Proclamation 10014, excess labor 
                supply is particularly harmful to workers at the margin 
                between employment and unemployment--those 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 Americans with 
                disabilities.

                In the administration of our Nation's immigration 
                system, we must remain mindful of the impact of foreign 
                workers on the United States labor market, particularly 
                in the current extraordinary environment of high 
                domestic unemployment and depressed demand for labor. 
                Historically, when recovering from economic shocks that 
                cause significant contractions in productivity, 
                recoveries in employment lag behind improvements in 
                economic activity. This predictive outcome demonstrates 
                that, assuming the conclusion of the economic 
                contraction, the United States economy will likely 
                require several months to return to pre-contraction 
                economic output, and additional months to restore 
                stable labor demand. In light of the above, I have 
                determined that the entry, through December 31, 2020, 
                of certain aliens as immigrants and nonimmigrants 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 (INA) (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 Proclamation 
                10014, except as provided in section 2 of Proclamation 
                10014, and persons described in section 2 of this 
                proclamation, except as provided for in section 3 of 
                this proclamation, would 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. Continuation of Proclamation 10014. (a) 
                Section 4 of Proclamation 10014 is amended to read as 
                follows:

                    ``Sec. 4. Termination. This proclamation shall 
                expire on December 31, 2020, and may be continued as 
                necessary. Within 30 days of June 24, 2020, and every 
                60 days thereafter while this proclamation is in 
                effect, the Secretary of Homeland Security shall, in 
                consultation with the Secretary of State and the 
                Secretary of Labor, recommend any modifications as may 
                be necessary.''
                    (b) This section shall be effective immediately.

                Sec. 2. Suspension and Limitation on Entry. The entry 
                into the United States of any alien seeking entry 
                pursuant to any of the following nonimmigrant visas is 
                hereby suspended and limited, subject to section 3 of 
                this proclamation:

                    (a) an H-1B or H-2B visa, and any alien 
                accompanying or following to join such alien;
                    (b) a J visa, to the extent the alien is 
                participating in an intern, trainee, teacher, camp 
                counselor, au pair, or summer work travel program, and 
                any alien accompanying or following to join such alien; 
                and

[[Page 38265]]

                    (c) an L visa, and any alien accompanying or 
                following to join such alien.

                Sec. 3. Scope of Suspension and Limitation on Entry. 
                (a) The suspension and limitation on entry pursuant to 
                section 2 of this proclamation shall apply only to any 
                alien who:

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

(ii) does not have a nonimmigrant visa that is valid on the effective date 
of this proclamation; and

(iii) 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 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 2 of this proclamation shall not apply to:

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

(ii) any alien who is the spouse or child, as defined in section 101(b)(1) 
of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii) any alien seeking to enter the United States to provide temporary 
labor or services essential to the United States food supply chain; and

(iv) 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. 4. Implementation and Enforcement. (a) The 
                consular officer shall determine, in his or her 
                discretion, whether a nonimmigrant has established his 
                or her eligibility for an exception in section 3(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 
                and the Secretary of Labor, 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.

(i) The Secretary of State, the Secretary of Labor, and the Secretary of 
Homeland Security shall establish standards to define categories of aliens 
covered by section 3(b)(iv) of this proclamation, including those that: are 
critical to the defense, law enforcement, diplomacy, or national security 
of the United States; are involved with the provision of medical care to 
individuals who have contracted COVID-19 and are currently hospitalized; 
are involved with the provision of medical research at United States 
facilities to help the United States combat COVID-19; or are necessary to 
facilitate the immediate and continued economic recovery of the United 
States. The Secretary of State and the Secretary of Homeland Security shall 
exercise the authority under section 3(b)(iv) of this proclamation and 
section 2(b)(iv) of Proclamation 10014 to exempt alien children who would 
as a result of the suspension in section 2 of this proclamation or the 
suspension in section 1 of Proclamation 10014 age out of eligibility for a 
visa.

(ii) Aliens covered by section 3(b)(iv) of this proclamation, under the 
standards established in section 4(a)(i) of this proclamation, shall be 
identified by the Secretary of State, the Secretary of Homeland Security, 
or their respective designees, in his or her sole 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,

[[Page 38266]]

                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. 5. Additional Measures. (a) The Secretary of 
                Health and Human Services, through the Director of the 
                Centers for Disease Control and Prevention, shall, as 
                necessary, provide guidance to the Secretary of State 
                and the Secretary of Homeland Security for implementing 
                measures that could reduce the risk that aliens seeking 
                admission or entry to the United States may introduce, 
                transmit, or spread SARS-CoV-2 within the United 
                States.

                    (b) The Secretary of Labor shall, in consultation 
                with the Secretary of Homeland Security, as soon as 
                practicable, and consistent with applicable law, 
                consider promulgating regulations or take other 
                appropriate action to ensure that the presence in the 
                United States of aliens who have been admitted or 
                otherwise provided a benefit, or who are seeking 
                admission or a benefit, pursuant to an EB-2 or EB-3 
                immigrant visa or an H-1B nonimmigrant visa does not 
                disadvantage United States workers in violation of 
                section 212(a)(5)(A) or (n)(1) of the INA (8 U.S.C. 
                1182(a)(5)(A) or (n)(1)). The Secretary of Labor shall 
                also undertake, as appropriate, investigations pursuant 
                to section 212(n)(2)(G)(i) of the INA (8 U.S.C. 
                1182(n)(2)(G)(i)).
                    (c) The Secretary of Homeland Security shall:

(i) take appropriate action, consistent with applicable law, in 
coordination with the Secretary of State, to provide that an alien should 
not be eligible to apply for a visa or for admission or entry into the 
United States or other benefit until such alien has been registered with 
biographical and biometric information, including but not limited to 
photographs, signatures, and fingerprints;

(ii) take appropriate and necessary steps, consistent with applicable law, 
to prevent certain aliens who have final orders of removal; who are 
inadmissible or deportable from the United States; or who have been 
arrested for, charged with, or convicted of a criminal offense in the 
United States, from obtaining eligibility to work in the United States; and

(iii) as soon as practicable, and consistent with applicable law, consider 
promulgating regulations or take other appropriate action regarding the 
efficient allocation of visas pursuant to section 214(g)(3) of the INA (8 
U.S.C. 1184(g)(3)) and ensuring that the presence in the United States of 
H-1B nonimmigrants does not disadvantage United States workers.

                Sec. 6. Termination. This proclamation shall expire on 
                December 31, 2020, and may be continued as necessary. 
                Within 30 days of the effective date of this 
                proclamation and every 60 days thereafter while this 
                proclamation is in effect, the Secretary of Homeland 
                Security shall, in consultation with the Secretary of 
                State and the Secretary of Labor, recommend any 
                modifications as may be necessary.

                Sec. 7. Effective Date. Except as provided in section 1 
                of this proclamation, this proclamation is effective at 
                12:01 a.m. eastern daylight time on June 24, 2020.

                Sec. 8. 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.

[[Page 38267]]

                Sec. 9. 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.

                    (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 June, 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. 2020-13888
Filed 6-24-20; 11:15 am]
Billing code 3295-F0-P