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1 1 (May 04, 2020)

handle is hein.crs/govdafb0001 and id is 1 raw text is: i% 'N\jq Presidential Actions to Exclude Aliens Under INA § 212(f) May 4, 2020 In recent months, President Trump has issued several presidential proclamations that provide for the exclusion of broad categories of non-U.S. nationals (aliens) from the United States. OneI sct of proclanations imposes entry restrictions in response to COVID-19. Issued between January and March 2020, these proclamations collectively suspend the entry of aliens who, within the prior 14 days, have been in mainland China, Iran, the Europe-an Schengen Area, Ircland, or the United Kingdom. These proclamations do not apply to lawful permanent residents (LPRs), most immediate relatives of U.S. citizens and LPRs, and some other groups. Also related to COVID-19, a proclamation that took effect on April 23, 2020, suspends the entry of many aliens on immigrant vsas for 60 days, for the stated purposes of protecting Americans from job competition during the economic recovery and reducing strain on the domestic health care system. Among other limitations and exceptions, this proclamation does not apply to LPRs, the spouses or children of U.S. citizens, health care professionals or EB-5 investors, or to aliens who already held immigrant visas as of the proclamation's effective date. In a different vein, a separate proclamation issued on January 31, 2020, expands a set of entry restrictions in place since 2017 under Prcsidentlai Prclanation 9,645, sometimes known as the third iteration of the Travel Ban. Proclamation 9,645 remains in effect and suspends the entry of categories of aliens from seven countries (Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen), subject to some w aivers amd exceptions. The January 31 proclamation imposes new entry restrictions on immigrants from six additional countries (Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania), subject to similar waivers and exceptions. These proclamations, like the proclamations related to COVID-19, do not apply to U.S. citizens or LPRs. For statutory authority, all of these recent proclamations rely principally upon § 2 12(fi) of the Immigration and Nationality Act (INA). That provision authorizes the President to suspend the entry of all aliens or any class of aliens whose entry he finds ... would be detrimental to the interests of the United States. The provision has been in the INA since the INA's original enactment in 1952. (Pre-INA statutes of the World War I and Word XWar ii eras allowed the President to impose entry restrictions only during war or national emergency, as the Supreme Court has noted.) Although § 212(f) has been amended in some respects since 1952, its language concerning presidential exclusion authority has remained unchanged. Congressional Research Service https://crsreports.congress.gov LSB10458 CRS LegzA Sd ebai Prepared for Membe-s - - C o m itt e s o . Cotg r s s ... ... .. ... .. ... .. ... .. ... ... .. ... .. ... .. ... ... .. ... .. ... .. ... .. ... ... .. ... .. ... .. ... ... .. ... .. ... .. ... .. ... ... .. ... .. ... .. ... ... .. ... .. ... .. ... ..

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