How Does the New April 22 Order of President Trump Affect Immigrants During the Economic Recovery Following the COVID-19 Outbreak

In response to the chaos resulting from the epidemic of COVID-19, President Trump issued an executive order [here] that will begin by the end of today, April 23, 2020.

Here is a brief summary of the order:

 

  • PURPOSE

The rule intends to safeguard work options for the existing workforce already present in the USA by blocking the entry of some (not all) new permanent residents. It starts by noting the abrupt unemployment as a current problem facing the workforce of the United States due to the pandemic caused by COVID-19. The rule also mentions how permanent residents are allowed to obtain work without restrictions, much like American citizens, and its purpose is to protect local workers by safeguarding employment to them.

 

  • WHO DOES THIS NEW RULE APPLY TO

This ruling applies with the discretion of consular officers to aliens who:

i) are outside the United States on April 23, 2020

ii) do not have an immigrant visa on April 23, 2020

iii) do not have a travel document available

 

  • IT DOES NOT APPLY TO:

i) already lawful permanent residents

ii) aliens and their immediate family that are seeking entry to combat COVID-19 as a physician or other workers deemed of high value during the epidemy.

iii) any alien entering the USA under the Eb-5 visa category

iv) any alien spouse of an American citizen

v) any child, or prospective child by adoption, of an American citizen that is under 21 years old.

vi) aliens and their immediate family,  whose entry will aid law enforcement objectives.

vii) members of the armed forces or immediate family of members of the armed forces.

viii) aliens entering under the Special Immigrant Visa for support to the government as Afghan or Iraqi translators or interpreters.

ix) aliens whose entry is of National Interest

 

  • CONCLUSION

This order will start to be implemented at 11:59 pm today, April 23, 2020. The consular officer has the power to use his discretion and determine if a prospective immigrant qualifies for an exemption in the immigrant's favor.

This rule also states clearly that circumstances involving asylum, refuge, and protection under the Convention Against Torture will not be limited under this decree.

The order will be in effect for 60 days starting today at midnight, although there is a possibility of an extension after this period.

In other times I would have argued that this ruling would be challenged and placed on hold, but today, the Supreme Court is partial to President Trump's recommendations. I am sure this rule will be in effect as planned, or at the very best, will be delayed VERY BRIEFLY, but I am also sure that we, as immigrants, are a VERY IMPORTANT force for the United States. An emergency law such as the one proposed has an expiration date and does not have enough support, nor future to become a norm.