Immigration-related Executive Actions During the COVID-19 Pandemic

• Resumes processing for H-2A seasonal farmworkers and H-2B seasonal nonagricultural workers despite suspension of routine embassy visa services.

26. Waiving of In-Person Requirement for I-9 Processing

Date:

Summary and Context:

• Waives requirement to inspect employment ID documents for remote workers.

27. Issuance of Labor Certifications Offered Electronically

Date:

Summary and Context:

• Allows PERM labor certifications, required before employers can hire certain foreign workers, to be issued electronically.

28. Waiver of Interview Requirement for Some Temporary Guestworkers

Date:

Summary and Context:

• Waives in person visa interviews for certain H-2A seasonal farmworkers and H-2B seasonal nonagricultural workers.

29. Waiver of Biometric Submission for Those with Records on File

Date:

Summary and Context:

• Allows those, including DACA recipients, to renew their work authorization without needing to resubmit biometric data.
• This will remain in effect until Application Support Centers (ASCs) are open for appointments to the public.

30. Expansion of Flexibility for those Responding to USCIS Requests

Date:

• Implemented March 27, 2020 for 60 days (USCIS Statement^[31])
• Reimplemented July 1, 2020 for issuance dates listed until September 11, 2020.
• Reimplemented September 11, 2020 for issuance dates listed until January 1, 2021.

Summary and Context:

• Grants extensions to those responding to numerous kinds of USCIS requests, including requests for evidence and notices of intent to deny (NOIDs).

31. Retraction of H-2B Visa Expansion

Date:

Summary and Context:

• Rescinds 35,000 additional H-2B seasonal nonagricultural positions that had been announced on March 5, 2020.

32. Allowance of Visa Processing for Doctors

Date:

Summary and Context:

• Continues visa processing for healthcare workers and medical professionals during the COVID-19 pandemic.

33. Additional Flexibility for H-2A Agricultural Guestworkers

Date:

Summary and Context:

• Allows H-2A agricultural guestworkers to remain in the U.S. for over 3 years and makes it easier for farmers to employ H-2A guestworkers already in the U.S.

34. Waiver of Medical Requirements for H-1B Doctors

Date:

• Implemented May 11, 2020 until the end of the declared public health emergency. (USCIS Statement^[32])

Summary and Context:

• Waives 40-hour work week requirement for some H-1B doctors affected by COVID-19
• Allows telehealth work for H-1B physicians.

35. Removal of Certain Limitations to H-2B Nonagricultural Guestworkers 

Date:

Summary and Context:

• Allows some H-2B workers to stay in the U.S. past the termination of their status.
• Waives touch-back requirements for H-2B workers.

36. Exemption of Certain Professional Athletes from Travel Restrictions

Date:

• Implemented May 22, 2020 (DHS Statement)
• Updated June 1, 2020

Summary and Context:

• Provides a national interest exemption from COVID-19 related travel bans to certain professional athletes, their spouses, dependents and essential staff.

ACTIONS IMPACTING INDIVIDUALS WITH PENDING IMMIGRATION COURT CASES

37. Postponement of Immigration Hearings and Closure of Courts

Date:

• Implemented March 17, 2020 (DOJ Statement^[33])
• 2 of 69 immigration courts remain closed as of June 9, 2020 (DOJ List^[34])
• Some immigration courts begin hearing non-detained cases as of June 11, 2020 (EOIR Policy Memo^[35])

Summary and Context:

• Postpones hearings for all non-detained immigration hearings and closure of 10 immigration courts.
• Continues hearings for detained immigrants, including unaccompanied children.
• Allows many removals and deportations to continue during the pandemic, and increases risk of COVID-19 exposure to immigration judges, lawyers, court workers, and immigrants.

38. Closure of Seattle Immigration Court

Date:

Summary and Context:

• Closes Seattle Immigration Court after employee tests positive for COVID-19.

39. Temporary Varick, New York Immigration Court Closure

Date:

Summary and Context:

• 1 day closure and reopening of New York City Immigration Court after a positive case of COVID-19.

40. Allowance of Scanned Signatures

Date:

Summary and Context:

• Allows scanned or electronically reproduced signatures for certain immigration court documents.

41. Introduction of Public Health Guidelines for Visitors as EOIR Facilities Reopen

Date:

Summary and Context:

• Requires face masks and social distancing for visitors to EOIR facilities. Bars all those who have been diagnosed as positive for COVID-19, those exhibiting symptoms, and those recently exposed.
• Provides best practices to discourage in-person hearings and appearances in immigration courts, including the use of video teleconferencing and telephonic appearances.
• Winds down guidance permitting email filings as some non-detained hearings resume.

ACTIONS IMPACTING INDIVIDUALS SUBJECT TO INTERIOR ENFORCEMENT AND REMOVAL

42. Suspension of Removals of Sick Individuals

Date:

Summary and Context:

• Ends deportations of all those with a 100.4-degree fever.
• Does not require COVID-19 testing of deportees.
• Detainees with a temperature of 99 degrees or higher must be immediately referred to a medical provider for evaluation before removal.

43. Cancellation of ICE In-Person Check-Ins

Date:

Summary and Context:

• Suspends in-person check-ins for immigrants considered low priority for removal, allows newly released immigrants at the border an additional 30 days to check in.

44. Restrictions to ICE Enforcement Activities

Date:

Summary and Context:

• Suspends arrests of those who are not “public safety risks or individual subject to mandatory detention based on criminal grounds.” Deputy Secretary of DHS Ken Cuccinelli has clarified^[36]that some non-priority arrests will still occur.
• ICE Enforcement and Removal Operations (ERO) will focus enforcement on so-called “public-safety risks” and individuals with criminal backgrounds.

45. Limitation on Deportation Flights

Date:

Summary and Context:

• Suspends all removal flights to Italy, China and South Korea 

ACTIONS IMPACTING U.S. CITIZENS AND RESIDENTS

46. Repatriation of Americans from Abroad

Date:

Summary and Context:

• Begins repatriation of American citizens and others who were abroad when the spread of COVID-19 began.
• As of June 4, 2020 the State Department has coordinated the repatriation of 100,254 Americans from 136 countries and territories.

47. Closure of CBP Trusted Traveler Program

Date:

Summary and Context:

• Closes CBP operations of Trusted Traveler Program, which allows the expedited entry of pre-approved travelers.

48. Limitation on U.S. Passport Processing

Date:

Summary and Context:

• Suspends in-person passport processing services except for in “life-or-death” emergencies.

Sources:

1. American Immigration Lawyers Association, “Resource Center: 2019 Novel Coronavirus (COVID-19),” https://www.aila.org/advo-media/issues/all/covid-19^[37]
2. Bier, David, CATO Institute, “Timeline and List of U.S. Immigration Actions on COVID-19,” https://www.cato.org/blog/timeline-list-us-immigration-actions-covid-19^[38]
3. Boundless, “Latest Updates: Coronavirus and Immigration,” https://www.boundless.com/blog/coronavirus-immigration/^[39]

The National Immigration Forum would like to thank Nicci Mattey, policy intern, for her contributions to this resource.

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