Federal Judge Mehta ordered the government to process DV2020 cases in September, and several thousand visas were issued. The Trump administration blocked those people again extending the immigrant ban.
In Proclamation 10014 of April 22, 2020 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), I suspended, for a period of 60 days, the entry of aliens as immigrants, subject to certain exceptions.
In Proclamation 10052 of June 22, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), I determined that the considerations present in Proclamation 10014 remained, and I extended the suspension of entry imposed in Proclamation 10014 through December 31, 2020.
I further noted that the Secretary of Labor and the Secretary of Homeland Security had reviewed nonimmigrant programs and found that the admission of workers within several nonimmigrant visa categories also posed a risk of displacing and disadvantaging United States workers during the economic recovery following the COVID-19 outbreak.
The 2019 Novel Coronavirus (COVID-19) continues to significantly disrupt Americans’ livelihoods. While the November overall unemployment rate in the United States of 6.7 percent reflects a marked decline from its April high, there were still 9,834,000 fewer seasonally adjusted nonfarm jobs in November than in February of 2020.
The effects of COVID-19 on the United States labor market and on the health of American communities is a matter of ongoing national concern, and the considerations present in Proclamations 10014 and 10052 have not been eliminated. The current number of new daily cases worldwide reported by the World Health Organization, for example, is higher than the comparable number present during June, and while therapeutics and vaccines are recently available for an increasing number of Americans, their effect on the labor market and community health has not yet been fully realized. Moreover, actions such as States’ continued imposition of restrictions on businesses still affect the number of workers that can be hired as compared with February of 2020.
Given these factors, an extension of Proclamations 10014 and 10052 is appropriate as the President continues to monitor the effects of the COVID-19 pandemic and assess whether a further continuation, modification, or termination of Proclamations 10014 and 10052 is warranted.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f) and 1185(a)) and section 301 of title 3, United States Code, hereby find that the entry into the United States of persons described in section 1 of Proclamation 10014, except as provided in section 2 of Proclamation 10014, and persons described in section 2 of Proclamation 10052, except as provided for in section 3 of Proclamation 10052 (as amended by Proclamation 10054 of June 29, 2020 (Amendment to Proclamation 10052)), would be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following:
したがって、私、ドナルド・J・トランプ アメリカ合衆国大統領は、憲法およびImmigration and Nationality 法（INA）（8 U.S.C. 1182(f)および1185(a)）の第212条(f)および第215条(a)を含むアメリカ合衆国の法律、および合衆国法 Title 3, 第301条によって私に与えられた権限によって、ここに、大統領令10014号の第1項に記載された者（大統領令10014号の第2項に規定されている場合を除く）、および大統領令10052の第2項に記載された者（大統領令10052の第3項に規定されている場合を除く）の米国への入国は、米国の利益を害する可能性があり、入国には一定の制限、限定、および例外が適用されるべきと見いだすものである。 よって、私はここに次のことを宣言する。
Section 1. Continuation of Proclamation 10014. Section 4 of Proclamation 10014 is amended to read as follows:
“Sec. 4. Termination. This proclamation shall expire on March 31, 2021, and may be continued as necessary. Within 15 days of December 31, 2020, and every 30 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”
Sec. 2. Continuation of Proclamation 10052. Section 6 of Proclamation 10052 is amended to read as follows:
Sec. 2. 大統領令10052号の継続。 大統領令10052号の第6項を次のように改正する。
“Sec. 6. Termination. This proclamation shall expire on March 31, 2021, and may be continued as necessary. Within 15 days of December 31, 2020, and every 30 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”
(a) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and
(b) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.
Sec. 4. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
Sec. 4. 総則。 (a) この大統領令のいかなる規定も、以下に掲げるものを害するものとして、またはその逆に影響を与えるものとしても解釈されるべきでない。
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of December, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fifth.
National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak
Applicants for immigrant visas covered by Presidential Proclamation 10014, as extended by P.P. 10052, including Diversity Visa 2020 (DV-2020) applicants, who have not been issued an immigrant visa as of April 23, are subject to the proclamation’s restrictions unless they can establish that they are eligible for an exception. No valid visas will be revoked under this proclamation.
On September 4, 2020, the U.S. District Court in the District of Columbia ruled in Gomez v. Trump that the Department must make good-faith efforts to expeditiously schedule, process and adjudicate DV-2020 diversity visa applications by September 30, 2020 notwithstanding Presidential Proclamation 10014.
In accordance with the requirements in the Immigration and Nationality Act and applicable regulations, applicants must be documentarily qualified, have paid all requisite application fees, be able to obtain the required medical exam by a panel physician, and demonstrate that they are eligible for a visa before visa issuance.
The Department of State will use the following prioritization plan for these applicants, consistent with the court order and applicable law:
Individuals who were named plaintiffs in Gomez v. Trump and its companion cases; Gomez v. Trump とその関連訴訟の原告
Applicants who had already been interviewed who seek reissuance or to overcome a prior refusal; すでに面接を受け、ビザの再発行を希望する申請者または以前のビザ却下をくつがえすことができる申請者
Applicants who were scheduled for appointments in March, April, or May and whose appointments were cancelled due to the COVID-19 pandemic and worldwide suspension of routine visa processing; 3月4月5月に面接が予定があったにもかかわらず、Covid-19パンデミック及び通常のビザ手続きの停止のためにキャンセルになった申請者
For posts that have additional capacity to process applications and are not exhausted by the three categories above, applicants whose cases are pending with the Department’s Kentucky Consular Center.
Although DV-2020 applicants may be issued an immigrant visa under this court order, Presidential Proclamation 10014, which suspends entry into the United States of certain immigrants (including Diversity Visa applicants), remains in effect until December 31, 2020, and can be extended by the President.
Therefore, unless a DV visa recipient also meets an exception to the Proclamation, that DV visa holder will be unable to travel to the United States on the issued visa while the Proclamation is in effect.
Please note that prior versions of this guidance addressed travel restrictions imposed in Presidential Proclamations 9984, 9992, 9993, 9996, and 10041, which suspend entry of individuals who within the last 14 days have been physically present in China, Iran, UK, Ireland, the 26 countries of the Schengen area, or Brazil.
大統領令 9984, 9992, 9993, 9996, and 10041号で課せられた渡航制限に関するガイダンスの以前のバージョンもご確認ください。これらの大統領令は、過去14日内に、中国・イラン・英国・アイルランド・シェンゲン協定内の26カ国またはブラジルに、物理的に滞在していた個人の米国入国を一時停止するものです。
On September 14, the U.S. District Court in the District of Columbia ruled in Gomez v. Trump amended its order to enjoin the State Department from applying or enforcing State’s implementation guidance for these proclamations when it comes to DV-2020 applicants.
Please note that Presidential Proclamations 9645 and 9983 restrict the issuance of diversity visas to nationals of the following countries unless they qualify for a waiver or an exception: Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, and Yemen.
DV-2020 applicants whose visas will expire before December 31, 2020 when Proclamation 10014 is currently due to expire, will be unable to immigrate on that visa, unless they are exempt from the Proclamation, and cannot be issued a new visa after September 30, 2020.
DV applicants are reminded that if they were either in the United States, or held a valid immigrant visa on April 23, when Presidential Proclamation 10014 went into effect, they are exempt from the Proclamation.
DV-2020 applicants whose cases were previously scheduled for an interview appointment (even if cancelled) at a U.S. embassy or consulate overseas should reach out directly to that embassy or consulate for further information on their specific case.
DV applicants who have responded to requests for documents from the Kentucky Consular Center (KCC) and have been notified that their cases are documentarily qualified, but awaiting a visa interview date, will be scheduled in accordance with their rank order and post’s scheduling capacity.
The Department expects that, due to resource constraints, limitations due to the COVID-19 pandemic, and country conditions, it will be unable to accommodate all DV applicants before September 30, 2020.