Proc 10131ProclamationTrump 45 · R Quiet signal

Proclamation 10131

Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak

This proclamation extends through March 31, 2021 two prior COVID-19-related immigration suspensions: Proclamation 10014 (immigrant entry) and Proclamation 10052 (nonimmigrant worker entry). It requires the Secretary of Homeland Security, in consultation with the Secretaries of State and Labor, to recommend modifications every 30 days.

Impact dates

  1. Proclamations 10014 and 10052 expire unless continued

  2. Second DHS modification recommendations due

  3. First DHS modification recommendations due for both proclamations

Key directives

  • Extend suspension of immigrant entry through March 31, 2021
  • Extend suspension of certain nonimmigrant worker entry through March 31, 2021
  • Secretary of Homeland Security to recommend modifications within 15 days of December 31, 2020, and every 30 days thereafter
  • Amend termination provisions of Proclamations 10014 and 10052

Who is ordered

Timeline

Immediate

  • Extension of entry suspensions takes effect December 31, 2020
  • First modification recommendations due within 15 days

Near term (90d)

  • Proclamations expire March 31, 2021 unless continued
  • Periodic 30-day reviews by DHS through March 2021

Long term

  • Potential for further continuation, modification, or termination based on pandemic and labor market conditions

Risks & tensions

  • Potential legal challenges to repeated extensions of entry bans under INA 212(f)
  • Tension between pandemic economic recovery needs and employer demand for foreign workers
  • Uncertainty about whether incoming Biden administration would continue or terminate
  • 30-day review cycle creates policy instability
Proclamation 10131: Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak · Executive Orders