Immigration-related Executive Actions During the COVID-19 Pandemic

Since the start of the COVID-19 pandemic, the Trump Administration has issued at least 48 policy changes affecting almost every facet of the immigration system. Some of these policies have been temporary and a necessary proportional response to the varied effects of COVID-19. Other policies are reasonable changes but are of indefinite duration, allowing restrictions to potentially remain in place long after they are no longer necessary. For other policies, the administration has used the pandemic as pretext to implement dramatic immigration restrictions that have been part of the Trump Administration’s immigration objectives since long before the spread of COVID-19.

Due to the sheer volume of these actions and the speed with which they have been implemented, the difference between proportional response and agenda-driven restriction can be obscured. This list seeks to provide some clarity, separating the changes by those impacted and highlighting indefinite and particularly concerning actions.

ACTIONS IMPACTING VULNERABLE POPULATIONS^[1]

ACTIONS IMPACTING INTERNATIONAL TRAVELERS^[2]

ACTIONS IMPACTING ESSENTIAL IMMIGRANT WORKERS^[3]

ACTIONS IMPACTING INDIVIDUALS WITH PENDING IMMIGRATION COURT CASES^[4]

ACTIONS IMPACTING INDIVIDUALS SUBJECT TO INTERIOR ENFORCEMENT AND REMOVAL^[5]

ACTIONS IMPACTING TRAVEL OF US CITIZENS AND RESIDENTS^[6]

ACTIONS IMPACTING VULNERABLE POPULATIONS

1. Asylum Seeker Ban – Concerning Action

Date:

Summary and Context:

• Returns, without due process, anyone without authorization to enter the U.S. detained along the southern border to their home country.
• Includes rapid removal of all asylum seekers and unaccompanied children arriving at the border seeking protection, even if they express fear of persecution upon return.
• Asylum restrictions have been a significant part of the administration’s immigration agenda, including numerous^[7] efforts^[8] by the^[9] administration^[10] beginning years before the onset of the pandemic.

2. Refugee Entry Suspension – Concerning Action

Date:

Summary and Context:

• Pauses all refugee resettlement to the U.S. following the suspension of all resettlement activities by the United Nations High Commissioner for Refugees (UNHCR). U.S. volunteer agencies assisting with refugee resettlement remain open.
• Other countries and international organizations dealing with refugees have implemented similar suspensions.
• Resettlement resumed in late July, albeit at a reduced pace. As of September 18, 2020, the U.S. has only resettled 10,192 total refugees in fiscal year (FY) 2020. A total of 30,000 refugees were resettled in FY 2019.

3. UAC Placement Restrictions

Date:

Summary and Context:

• The Office of Refugee Resettlement (ORR) stops placing unaccompanied alien children (UACs) in homes or shelters near states significant COVID-19 outbreaks. As of March 26, these included California, New York, and Washington.

4. MPP Hearings Postponed – Concerning Action

Date

• Implemented March 23, 2020 for 30 days (DHS Statement^[11])
• Further postponed April 30, 2020 for 30 days (DHS Statement^[12])
• Further postponed May 10, 2020 for 43 days (DHS^[13] Statement)
• Further postponed June 16, 2020 for 30 days (DHS Statement^[14])
• Further postponed July 17, 2020 indefinitely (DOJ Statement^[15])

Summary and Context:

• Postpones all hearings for immigrants returned to Mexico under the Migration Protection Protocols^[16].
• On July 17, the DOJ announced that MPP hearings would be postponed until the following criteria are met: 1) California, Arizona, and Texas progress to Phase 3 of their reopening plans; 2) DOS and CDC lower their global health advisory regarding Mexico to Level 2; 3) GOM’s stoplight system categorizes all Mexican border states as ‘yellow.’
• The updated criteria will result in thousands of asylum seekers left in cramped and dangerous conditions on the U.S.-Mexico border for prolonged periods.

ACTIONS IMPACTING INTERNATIONAL TRAVELERS

5. Suspension of Legal Immigration – Concerning Action

Date:

Summary and Context:

• Suspends certain categories of permanent immigration from abroad, including pending green card petitioners, spouses and children of lawful permanent residents, and pending diversity visa applicants.
• Requires federal agencies to review nonimmigrant programs to assess potential changes.
• The suspension represents a continuation of numerous^[17] actions^[18] restricting^[19] legal immigration^[20] implemented since the beginning of the administration. This suspension is also the first^[21] COVID-19 linked immigration restriction in the world that has been based on an economic rationale rather than a public health one.
• While the proclamation applies only to those applying for green cards from abroad, recent reporting^[22] suggests that U.S. Citizenship and Immigration Services (USCIS) used it as guidance to suspend green card requests from within the the U.S. as well.

6. Proclamation Expanding and Extending Immigration Suspensions – Concerning Action

Date:

Summary and Context:

• Extends April 22 suspensions of some permanent immigration from abroad and adds additional restrictions on prospective H-1B, H-2B, L, and certain J visa applicants who are abroad on the date of enactment.
• Directs federal agencies to issue further restrictions via regulations regarding high-skilled H-1B visa recipients and others.
• Could prevent hundreds of thousands of prospective immigrants and temporary workers from entering the U.S., and will have immediate impacts on some 2020 H-1B lottery winners and family and diversity-based immigration programs.
• The suspension is a continuation of numerous^[23] actions^[24] restricting^[25] legal immigration^[26] implemented well before the COVID-19 pandemic.
• On October 1, a federal judge in California blocked^[27] the proclamation’s nonimmigrant restrictions for employees of companies associated with the U.S. Chamber of Commerce, the National Association of Manufacturers, the National Retail Federation, and Technet.

7. Suspension of Visa Appointments – Concerning Action

Date:

Summary and Context:

• Cancels all routine immigrant and nonimmigrant visa appointments, effectively pausing almost all legal immigration to the U.S. Only emergency appointments are allowed.
• Some limited nonimmigrant categories associated with the essential workforce have been exempted from appointment requirements.
• Extended in April after the Legal Immigration Suspension to clarify that the visa appointments would also be suspended for those exempt from that Presidential proclamation.

8. Chinese Graduate Student Ban

Date:

Summary and Context:

• Suspends entry into the U.S. for Chinese nationals on F and J visas (except for undergraduates) who have in the past participated in research or studies connected to the People’s Republic of China and its “military-civil fusion strategy”
• The ban would apply only to those who are studying in a field related to the “civil-military fusion strategy.

9. China Travel Ban

Date:

Summary and Context:

• Bans entry of those who were present in China in the prior two weeks, except for lawful permanent residents (LPRs), U.S. citizens and their direct family members.

10. U.S. Citizen Quarantine – China

Date:

Summary and Context:

• Screening and self-quarantine required for all U.S. citizens who were present in China in the previous two weeks. 

11. Flight Requirements – China

Date:

Summary and Context:

• Requires all flights with passengers who have been in China in the last 14 days to undergo screening at one of eleven locations.
• Modified on February 7 to increase the list of authorized screening locations. 

12. China Visa Suspension

Date:

• Implemented February 1, 2020 for 4 days
• Reimplemented indefinitely February 10, 2020 in certain cities (Embassy Statement^[28])

Summary and Context:

• Total closure of embassy visa offices, initially throughout all of China. Extended indefinitely in Chengdu, Guangzhou, Shanghai and Shenyang.

13. Iran Travel Ban

Date:

Summary and Context:

• Bans entry of those who were present in Iran in the prior two weeks, except for LPRs, U.S. citizens and their direct family members.

14. Flight Requirements – Iran

Date:

Summary and Context:

• Requires all flights with passengers who have been in Iran in the last 14 days to undergo screening at one of eleven locations.

15. European Travel Ban

Date:

Summary and Context:

• Bans entry of those who were present in Europe (Schengen Area) in the prior two weeks, except for LPRs, U.S. citizens and their direct family members.

16. Flight Requirements – Europe

Date:

Summary and Context:

• Requires all flights with passengers who have been in the European Schengen Area in the prior two weeks to undergo screening at one of thirteen locations.

17. Britain and Ireland Travel Ban

Date:

Summary and Context:

• Bans entry of those who were present in Britain and Ireland in the prior two weeks, except for LPRs, U.S. citizens and their direct family members. 

18. Flight Requirements – Britain and Ireland

Date:

Summary and Context:

• Requires all flights with passengers who have been present in Britain and Ireland in the prior two weeks to undergo screening at one of thirteen locations.

19. Brazil Travel Ban

Date:

Summary and Context:

• Bans entry of those who were present in Brazil in the prior two weeks, except for LPRs, U.S. citizens and their direct family members.

20. Restriction of Nonessential Travel on the U.S.-Mexico Border

Date:

Summary and Context:

• Bars all nonessential travel across the U.S.-Mexico border, including tourism and day shopping.

21. Restriction of Nonessential Travel on U.S.-Canada Border

Date:

Summary and Context:

• Bars all nonessential travel across the U.S.-Canada border, including tourism and day shopping.

ACTIONS IMPACTING ESSENTIAL IMMIGRANT WORKERS

22. Closure of USCIS Offices – Concerning Action

Date:

Summary and Context:

• Closes U.S. Citizenship and Immigration Services offices and suspends routine services. Impacts all temporary workers, international students and trainees, DACA and TPS holders, and other immigrants who need to access processes such as renewing work authorizations or naturalization from inside the U.S.
• Results in significant financial shortfall for USCIS, which depends almost exclusively on processing fees.

23. Suspension of Premium Processing for Worker Petitions – Concerning Action

Date:

Summary and Context:

• Stops allowing expedited processing of I-140 and I-129 employer petitions for foreign workers.
• Impacts hundreds of thousands of potential workers and businesses, including hospitals and healthcare providers.

24. Student Visa Flexibility

Date:

• Implemented indefinitely March 9, 2020 (ICE Guidance^[29])
• Modified July 6, 2020 (ICE Guidance^[30])
• Modification rescinded July 14, 2020.

Summary and Context:

• Allows “temporary adaptations” for students and Optional Practical Training program workers to participate in remote learning or telework.
• Modified in July to require that all F-1 and M-1 students attending schools operating entirely online may not remain in the United States. This modification was rescinded after several lawsuits and a series of universities, businesses, and legislators called for the administration to reconsider.

25. Guestworker Visa Processing Allowance

Date:

Summary and Context: