Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China

This proclamation suspends entry of certain Chinese nationals on F or J visas (students and researchers beyond undergraduate level) who have ties to entities supporting China's 'military-civil fusion strategy.' It took effect June 1, 2020, with no set expiration date, and directs the Secretaries of State and Homeland Security to implement visa restrictions, review additional measures within 60 days, and consider revoking existing visas for affected individuals already in the U.S.

Federal Register Open PDF 85 FR 34353

Impact dates

Jul 28, 2020
Review nonimmigrant/immigrant programs and recommend additional measures to President
Jul 28, 2020
Report to President on planned and executed mitigation actions
Jun 1, 2020
Proclamation effective at 12:00 p.m. EDT

Key directives

Suspend and limit entry of targeted Chinese nationals on F/J visas effective June 1, 2020
Secretary of State to identify covered persons and establish standards/procedures
Secretary of State to implement visa-related provisions; Secretary of Homeland Security to implement entry-related provisions
DHS to prioritize removal of aliens who circumvent proclamation through fraud or misrepresentation
Secretary of State to consider revoking existing visas for affected individuals in U.S. under INA section 221(i)
Within 60 days of effective date: Review nonimmigrant/immigrant programs and recommend additional presidential measures
Within 60 days of effective date: Report to President on planned and executed mitigation actions
Secretaries to consider issuing updated regulations and guidance on INA inadmissibility provisions

Who is ordered

Timeline

Immediate

Entry suspension effective June 1, 2020 at 12:00 p.m. EDT
Visa revocation consideration for affected individuals currently in U.S.

Near term (90d)

Within 60 days of effective date (by July 31, 2020): Secretaries of State and Homeland Security to review nonimmigrant/immigrant programs and recommend additional presidential measures
Within 60 days of effective date (by July 31, 2020): Report to President on planned and executed mitigation actions
Consideration of updated regulations implementing INA section 212(a)(3)(D)

Long term

Proclamation remains in effect until terminated by President
Ongoing discretion for Secretaries to recommend continuation, modification, or termination
Potential lasting impact on U.S.-China academic and research exchanges
Structural shift in visa policy for Chinese STEM students and researchers

Risks & tensions

Vague definition of 'military-civil fusion strategy' and affiliated entities creates implementation uncertainty and potential overreach
Broad discretionary authority to Secretary of State for identification of covered persons raises due process concerns
Risk of chilling effect on legitimate academic research collaboration with China
Potential retaliation against U.S. students and researchers in China
Exemption for 'national interest' and non-contributing fields requires interagency coordination that may delay or inconsistently apply
Tension between national security objectives and U.S. universities' reliance on international STEM talent