Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Democracy in Nicaragua

This proclamation suspends entry into the United States, as immigrants and nonimmigrants, of Nicaraguan government officials, security services members, judges, prosecutors, prison officials, municipal officials, and their family members who are responsible for undermining democratic institutions or committing human rights abuses. The Secretary of State has sole discretion to identify covered individuals, with implementation split between State (visas) and Homeland Security (entry).

Federal Register Open PDF 86 FR 64797

Impact dates

Date TBD
Establishment of procedures for identifying covered individuals and implementing suspension
Date TBD
Secretary of State recommendation on continuation, modification, or termination

Key directives

Suspend entry of covered Nicaraguan officials and family members
Secretary of State to identify covered individuals at sole discretion
Secretary of State to implement visa-related aspects in consultation with DHS Secretary
Secretary of Homeland Security to implement entry-related aspects in consultation with State
Secretary of State to recommend continuation, modification, or termination to President as circumstances warrant

Who is ordered

Timeline

Immediate

Entry suspension takes effect upon proclamation signing for covered individuals
Secretary of State gains authority to identify covered persons

Near term (90d)

Secretary of State and Secretary of Homeland Security to establish implementation procedures

Long term

Proclamation remains in effect until terminated by the President
Secretary of State to recommend continuation, modification, or termination as circumstances warrant

Risks & tensions

Broad discretionary authority to Secretary of State with no transparency requirements for identification criteria
Family members covered by association raises potential due process concerns
Waiver provisions in Section 4(c)-(d) provide flexibility but also create inconsistency risk
Indefinite duration with no mandatory review period specified
Vague standard for 'concrete steps to help restore democracy' in waiver determinations