As most of you will be aware President Trump issued two Proclamations, one in April and the second one in June of this year. The first Proclamation suspended entry of Immigrants into the U.S. for 60 days for those without a valid visa or travel document. The second Proclamation extended the first one through December 31, 2020 and also included a number of non-immigrant visa categories namely H-1B, H-2B, H-4 or anyone on a J or L visa.
On April 28, 2020, the American Immigration Lawyers Association (AILA), Justice Action Center and Innovation Lab filed a Federal lawsuit challenging the first Proclamation. After the second Proclamation was issued the lawsuit was amended to include a number of other plaintiffs, who were affected by the Proclamations, including family-based sponsors, Employers of H-1B and L-1 workers, J-1 sponsors and Diversity Lottery winners.
The lawsuit alleges that the Proclamation was issued unlawfully as the Trump Administration failed to demonstrate that the entry of immigrants and non-immigrants was detrimental to the interests of the US. In particular, the lawsuit alleges that the Trump administration failed to undertake a detailed analysis and provide economic data to demonstrate that allowing foreign nationals into the US would directly affect the chances of US workers to obtain employment.
On July 31, 2020 AILA filed a Motion for a Preliminary injunction and Temporary Restraining Order to prevent the President from enforcing the proclamations.
On September 9, 2020, District Judge Amit P. Mehta granted preliminary relief in part, allowing Diversity lottery winners to obtain visas immediately. Unfortunately for all other immigrants and non-immigrants, the Judge was not prepared to grant a preliminary injunction. This means the Trump administration will continue to enforce its proclamations, at least until the Court makes a final ruling in this case.
I suspect we will see more in the way of Presidential Proclamations prior to the November elections. We will provide further updates as developments arise.
For Immigration related questions please contact our Partner, Chris Prescott at cprescott@patellegal.com or our Immigration Attorney, Monique Mutombo at mmutombo@patellegal.com.