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For Now, Three Presidential Proclamations Will Continue to Remain in Effect
For now, three immigration related presidential proclamations issued under this administration will continue to remain in effect:
I. Proclamation 10131 extending Proclamations 10014 and 10052
On December 31st, President Trump issued a new Presidential Proclamation continuing Proclamations 10014 and 10052 until March 31, 2021. Proclamations 10014 and 10052 had suspended the entry of certain immigrants and nonimmigrants into the United States in light of the COVID-19 pandemic. In making this decision, the president ignored the low unemployment rate in computer occupations along with other economic data.
Although Proclamation 10052 had been temporarily halted by a court decision on October 1, 2020, the ruling has not been readily enforced at the consulates, which are still facing significant setbacks in light of the pandemic. Furthermore, the Trump administration appealed the decision. The appeal is expected to be heard on January 19, 2020, the day before Biden is inaugurated as President.
To read Presidential Proclamation 10131, please click here.
DOS has also provided an update to these proclamations, which you can see here.
The incoming Biden administration MAY eliminate these proclamations. Please call Blaszkow Legal, PLLC for further updates.
II. Court Upholds Presidential Authority to Issue Proclamation 9945
On December 31st, the Ninth Circuit Court of Appeals reversed a district court injunction blocking implementation of Presidential Proclamation 9945, which requires immigrant visa applicants to demonstrate they can acquire health insurance within 30 days of entry or have the ability to pay for their foreseeable healthcare costs. The court found the proclamation was within the president's executive authority. The court also found that the proclamation did not conflict with the statutes under the Immigration and Nationality Act (“INA”).
U.S. Circuit Judge A. Wallace Tashima, authored a 15-page dissent. According to Tashima, “[t]he Proclamation overrides both the Affordable Care Act (“ACA”), which makes recently arrived lawful immigrants eligible for subsidized health insurance plans… and the public charge rule of the INA, which comprehensively addresses the circumstances under which individuals may be excluded from this country due to their limited financial means or the financial burdens they will place on others.”
Tashima also added that the proclamation “has no nexus to national security, addresses a purely domestic concern (uncompensated health care costs), lacks any conceivable temporal limit, and works a major overhaul of this nation’s immigration laws without the input of Congress — a sweeping and unprecedented exercise of unilateral Executive power.”
Please note that the injunction of the healthcare proclamation will remain in place until the mandate issues (approximately 45 days from December 31, 2020).
If you have any questions about how this decision could impact your immigration case, please call Blaszkow Legal, PLLC.