Donald Trump Has Gone to War Against Illegal Immigration Due to Coronavirus

March 22, 2020 Topic: Security Region: Americas Tags: Public HealthCoronavirusImmigrationTravel

Donald Trump Has Gone to War Against Illegal Immigration Due to Coronavirus

Is it working?

by David Bier

The United States government has taken extreme actions to limit travel to the United States during the COVID-19 outbreak. Currently, the government has suspended nearly all legal immigration and travel to the United States and paused most legal immigration applications from immigrants inside the United States as well. It has reduced interior immigration enforcement, deportation court cases, and stopped deportations to three countries.

Below is a list of the dates of each action that it has taken, details of the action, and their effective dates. While the government is correct to reduce unnecessary travel at this time, it should not completely close off immigration because many immigrants are serving important roles in combating this epidemic. This post concludes with proposed actions that the government is considering.

COVID-19 Immigration Actions

  1. 1/31/20, China ban—Presidential proclamation 9984

    • Bans entry of all noncitizens who were in China in the last 14 days, except for LPRs, spouses of LPRs or U.S. citizens, unmarried children under 21, siblings under 21 of U.S. citizens or LPRs under 21, child of U.S. citizens or LPRs, crewmembers, government officials, or those exempted by the Secretary of State or DHS.
    • Requires quarantining of people who may have been exposed to the virus.
    • Effective February 2, 2020.
  2. 1/31/20, China U.S. citizen quarantine—DHS and HHS joint announcement
    • Mandatory quarantine for any U.S. citizen who was in Hubei, China in the prior 14 days.
    • Screening and self-quarantine for any U.S. citizen who was in China in the prior 14 days.
    • Effective February 2, 2020.
  3. 1/31/20, China flight rules—federal register notice
    • Requires flights carrying anyone who had been in China in the last 14 days to land at one of eight airports for screening.
    • Effective February 2, 2020.
  4. 2/1/20, China visa suspension—embassy notice
    • State Department announces a total closure in China until February 7, 2020.
    • Effective February 3, 2020.
  5. 2/2/20, Updated China flight rules—federal register notice
    • Requires flights carrying anyone who had been in China in the last 14 days to land at one of 11 airports for screening.
    • Effective February 2, 2020.
  6. 2/10/20, China visa suspension 2.0—embassy notice
    • State Department announces suspension of regular visa processing in Chengdu, Guangzhou, Shanghai and Shenyang.
    • Effective February 10, 2020.
  7. 2/29/20, Iran ban—Presidential proclamation 9992
    • Bans entry of all noncitizens who were in Iran in the last 14 days, except for LPRs, spouses of LPRs or U.S. citizens, unmarried children under 21, siblings under 21 of U.S. citizens or LPRs under 21, child of U.S. citizens or LPRs, crewmembers, government officials, or those exempted by the Secretary of State or DHS.
    • Requires quarantining of people who may have been exposed to the virus.
    • Effective March 2, 2020.
  8. 3/3/20, Seattle court closure—EOIR announcement
    • The Executive Office of Immigration Review (EOIR) closes Seattle immigration court after an employee tested positive for COVID-19.
    • Effective March 2, 2020.
  9. 3/4/20, Iran flight rules—federal register notice
    • Requires flights carrying anyone who had been in Iran in the last 14 days to land at one of 11 airports for screening.
    • Effective: Retroactive March 2, 2020.
  10. 3/9/20, Student visa flexible study—ICE guidance
    • ICE announces that it “intends to be flexible with temporary adaptations” to COVID-19 for students and OPT workers, including telework or remote classrooms.
    • Effective March 9, 2020.
  11. 3/10/20, UAC placement state restrictions—ORR internal decision
    • The Office of Refugee Resettlement (ORR) stops placing unaccompanied alien children (UACs) in homes or shelters in California or Washington.
    • Effective March 10, 2020.
  12. 3/11/20, Europe ban—Presidential Proclamation 9993
    • Bans entry of all noncitizens who were in the European Schengen Area in the last 14 days, except for LPRs, spouses of LPRs or U.S. citizens, unmarried children under 21, siblings under 21 of U.S. citizens or LPRs under 21, child of U.S. citizens or LPRs, crewmembers, government officials, or those exempted by State Department or DHS.
    • Requires quarantining of people who may have been exposed to the virus.
    • Effective March 13, 2020.
  13. 3/12/20, Italy visa suspension—embassy notice
    • State Department suspends regular visa processing at the U.S. Embassy in Rome and Consulates General Milan, Naples, and Florence.
    • Effective March 12, 2020.
  14. 3/13/20, Public charge rule limited—USCIS notice
    • USCIS announces it “will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination… even if such treatment is provided or paid for by one or more public benefits.”
  15. 3/14/20, Britain and Ireland ban—Presidential Proclamation 9994
    • Bans entry of all noncitizens who were in Britain or Ireland in the last 14 days, except for LPRs, spouses of LPRs or U.S. citizens, unmarried children under 21, siblings under 21 of U.S. citizens or LPRs under 21, child of U.S. citizens or LPRs, crewmembers, government officials, or those exempted by State Department or DHS.
    • Requires quarantining of people who may have been exposed to the virus.
    • Effective March 16, 2020.
  16. 3/15/20, Sick removals suspended—ICE statement
    • ICE states it would stop deportations of anyone with a 100.4-degree fever.
    • Effective March 15, 2020 or earlier.
  17. 3/16/20, Britain and Ireland flight rules—federal register notice
    • Requires flights carrying anyone who had been in Britain and Ireland in the last 14 days to land at one of 13 airports for screening.
    • Effective March 16, 2020.
  18. 3/17/20, ICE in-person check-ins cancelled—ICE letter to Congress
    • ICE suspends in-person check-ins by immigrants considered a “low priority” for removal and ICE would give newly released immigrants at the border 60 days to check-in rather than 30.
    • Effective March 17, 2020.
  19. 3/17/2020, Guatemala suspends asylum deal—Guatemala government notice
    • Guatemala refuses to continue to accept asylum seekers from other countries.
    • Effective March 17, 2020.
  20. 3/17/20, Europe flight rules—federal register notice
    • Requires flights carrying anyone who had been in the European Schengen Area in the last 14 days to land at one of 13 airports for screening.
    • Effective March 13, 2020.
  21. 3/17/20, Immigration court closures—EOIR statement
    • The Executive Office of Immigration Review postpones all hearings for non-detained immigrants and closed 10 additional courts.
    • Effective March 18, 2020.
  22. 3/17/20, USCIS in-person interviews suspended—USCIS statement
    • U.S. Citizenship and Immigration Services suspends routine in-person services until at least April 1.
    • Effective March 18, 2020.
  23. 3/18/20, Worldwide visa suspension—State Department notice
    • State Department cancels routine immigrant and nonimmigrant visa appointments, effectively prohibiting new authorizations to travel to the United States. Only emergency appointments will be allowed.
    • Effective March 18, 2020.
  24. 3/18/20, ICE enforcement restrictions—ICE statement
    • ICE suspends arrests of those who are not “public safety risks or individual subject to mandatory detention based on criminal grounds.” Deputy Secretary Ken Cuccinelli has clarified that some non-priority arrests will still occur.
    • Effective March 18, 2020.
  25. 3/18/20, ICE removals limited—ICE statement
    • ICE told CNN that it suspends removal flights to Italy, China, and South Korea indefinitely.
    • Effective March 18, 2020 or earlier
  26. 3/18/20, CBP Trusted Traveler closures—CBP statement
    • CBP closes operations at Trusted Traveler Program enrollment centers nationwide until at least May 1, 2020.
    • Effective March 19, 2020.
  27. 3/18/20, Canada tourist ban—Trump statement
    • All Canadian visa waiver program travelers barred indefinitely.
    • Effective Uncertain, possibly March 20, 2020.
  28. 3/18/20, Refugee entry suspension—State Department announcement
    • All refugee resettlement pauses until at least April 6, 2020.
    • Effective March 19, 2020.

Proposed Immigration Actions

3/17/20, Asylum seeker ban—Statement

  • Anyone without documents along the southwest border would immediately be removed to Mexico without any process.
  • Effective date uncertain, possibly March 20, 2020.

3/18/20, H-2B decrease—Statements

  • Would reverse the announced increase of 35,000 H-2B visas for seasonal nonagricultural jobs.
  • Effective date uncertain.

3/18/20, H-2A visa interview waivers—Statements

  • Would waive interviews for H-2A visas for returning farm workers.
  • Effective date uncertain.

3/18/20, EB-5 increase—Statements

  • Would increase the number of immigrant investor green cards from 10,000 to 75,000 and decrease investment amounts to $450,000 and $900,000.
  • Effective date: Not applicable as Congress must approve.

This article first appeared at the Cato Institute.

Image: Reuters.