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
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