Proc 9931ProclamationTrump 45 · R Quiet signal

Proclamation 9931

Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Venezuela's Democratic Institutions

This proclamation suspends entry into the United States as immigrants or nonimmigrants for senior Venezuelan regime officials, military officers at the rank of colonel and above, members of the National Constituent Assembly, and others who support or benefit from policies undermining Venezuela's democratic institutions. The Secretary of State identifies covered individuals and can grant exceptions, while the Secretary of Homeland Security handles entry implementation.

Impact dates

  1. Proclamation effective; entry suspension begins

Key directives

  • Suspend entry of specified categories of persons supporting Maduro regime
  • Secretary of State to identify covered persons in 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 Department
  • Secretary of State may exempt individuals if entry serves US interests or law enforcement objectives, with Attorney General recommendation and DHS consultation on admissibility matters
  • Secretary of State may terminate proclamation upon Federal Register publication

Who is ordered

Timeline

Immediate

  • Suspension of entry takes effect upon proclamation date (September 25, 2019)
  • Secretary of State authorized to identify covered persons
  • Secretary of State and Secretary of Homeland Security authorized to establish implementation procedures

Near term (90d)

  • Procedural frameworks for visa and entry implementation to be established by Secretaries

Long term

  • Proclamation remains in effect indefinitely until Secretary of State determines termination is warranted and publishes determination in Federal Register

Risks & tensions

  • Broad discretionary authority to Secretary of State for identification and exemptions creates potential for inconsistent application
  • Vague standard for 'significant financial benefit' in section 1(e) may create uncertainty
  • Indefinite duration with termination solely at Secretary of State's discretion provides no automatic review mechanism
  • Family members covered by association raises potential due process concerns
  • Exception for those who 'cease these actions' and take 'concrete steps' is vague and not procedurally defined
Proclamation 9931: Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Venezuela's Democratic Institutions · Executive Orders