Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, 417-419 [2021-00039]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Presidential Documents]
[Pages 417-419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00039]




                        Presidential Documents 



Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / 
Presidential Documents

[[Page 417]]


                Proclamation 10131 of December 31, 2020

                
Suspension of Entry of Immigrants and 
                Nonimmigrants Who Continue To 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

                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 
                suspended, for a period of 60 days, the entry of aliens 
                as immigrants, subject to certain exceptions. In 
                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), I determined that the considerations present 
                in Proclamation 10014 remained, and I extended the 
                suspension of entry imposed in Proclamation 10014 
                through December 31, 2020. I further noted that the 
                Secretary of Labor and the Secretary of Homeland 
                Security had reviewed nonimmigrant programs and found 
                that the admission of workers within several 
                nonimmigrant visa categories also posed a risk of 
                displacing and disadvantaging United States workers 
                during the economic recovery following the COVID-19 
                outbreak. Consequently, I suspended, through December 
                31, 2020, the entry of any alien seeking entry pursuant 
                to certain nonimmigrants visas, subject to certain 
                exceptions.

                The 2019 Novel Coronavirus (COVID-19) continues to 
                significantly disrupt Americans' livelihoods. While the 
                November overall unemployment rate in the United States 
                of 6.7 percent reflects a marked decline from its April 
                high, there were still 9,834,000 fewer seasonally 
                adjusted nonfarm jobs in November than in February of 
                2020.

                The effects of COVID-19 on the United States labor 
                market and on the health of American communities is a 
                matter of ongoing national concern, and the 
                considerations present in Proclamations 10014 and 10052 
                have not been eliminated. The current number of new 
                daily cases worldwide reported by the World Health 
                Organization, for example, is higher than the 
                comparable number present during June, and while 
                therapeutics and vaccines are recently available for an 
                increasing number of Americans, their effect on the 
                labor market and community health has not yet been 
                fully realized. Moreover, actions such as States' 
                continued imposition of restrictions on businesses 
                still affect the number of workers that can be hired as 
                compared with February of 2020.

                Given these factors, an extension of Proclamations 
                10014 and 10052 is appropriate as the President 
                continues to monitor the effects of the COVID-19 
                pandemic and assess whether a further continuation, 
                modification, or termination of Proclamations 10014 and 
                10052 is warranted.

                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

[[Page 418]]

                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 Proclamation 10052, except as provided for in 
                section 3 of Proclamation 10052 (as amended by 
                Proclamation 10054 of June 29, 2020 (Amendment to 
                Proclamation 10052)), 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. Section 
                4 of Proclamation 10014 is amended to read as follows:

                    ``Sec. 4. Termination. This proclamation shall 
                expire on March 31, 2021, and may be continued as 
                necessary. Within 15 days of December 31, 2020, and 
                every 30 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. 2. Continuation of Proclamation 10052. Section 6 
                of Proclamation 10052 is amended to read as follows:

                    ``Sec. 6. Termination. This proclamation shall 
                expire on March 31, 2021, and may be continued as 
                necessary. Within 15 days of December 31, 2020, and 
                every 30 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. 3. 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. 4. 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.

[[Page 419]]

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

[FR Doc. 2021-00039
Filed 1-5-21; 8:45 am]
Billing code 3295-F1-P