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Lawsuit Filed Against President Trump’s Proclamations (10014 And 10052) Banning Immigrants

On Friday, July 17, 2020, attorneys with the American

Immigration Lawyers Association (AILA), the Justice Action Center,

and the Innovation Law Lab, representing twenty-three (23)

plaintiffs, filed the first lawsuit to challenge the entirety of

the Trump Administration’s immigration bans. The plaintiffs

include family-based immigrant visa petitioners, diversity visa

lottery winners, and U.S. employers sponsoring nonimmigrant

workers, including those who want to bring in healthcare

professionals from abroad. The suit was filed in the U.S. District

Court for the District of Columbia as an amended complaint to

Gomez v. Trump, which had initially challenged the

Presidential Proclamation of April 22, 2020.

The Presidential Proclamation of April 22, 2020 (Proclamation

10014) suspended entry into the U.S. foreign nationals who were

outside of the U.S. and did not have a valid immigrant visa (IV) or

a valid, official travel document on the effective date (April 23,

2020) of the proclamation. The Proclamation 10014 was initially to

be in effect until June 22, 2020.

The Presidential Proclamation of June 22, 2020 (Proclamation

10052), suspended entry into the U.S. foreign nationals who were

outside of the U.S. and did not have a valid H-1B, H-2B, J, or L

nonimmigrant visa (NIV) or a valid, official travel document on the

effective date (June 24, 2020) of the proclamation.  It is

important to note that other nonimmigrant visa categories, such as

E-1, E-2, H-1B1, E-3, O-1, and P-1 were not affected by the

proclamation.  Proclamation 10052 has an expiration date of

December 31, 2020 and may be extended.  Proclamation 10052

also extends the expiration date of Proclamation 1004 to December

31, 2020.

In their press release, AILA, the Justice Action Center, and the

Innovation Law Lab contend that the Presidential Proclamations are

“unprecedented in scope” and that, if allowed to remain

in effect, “will block approximately 525,000 people from

entering the United States. Experts estimate that it will block

approximately 20,000 employers from bringing needed workers into

the United States.” Karen Tumlin of the Justice Action Center

further states that the proclamations have “halted –

potentially indefinitely – the ability of diversity visa

winners to enter the U.S.”

Originally published 21 July, 2020

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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