In response to the pandemic, President Trump has Tweeted that he will “temporarily suspend immigration into the United States.” What does this mean? Does President Trump have the authority to suspend immigration into the country? Will the order affect people who are already here? How long will this “temporary” suspension last?
The answer to most of these questions is that we don’t yet know. While the President likes to announce policy changes on Twitter, the announcement should not be confused with the policy change. We will need to wait for the Executive Order to know the details of this plan. But speaking generally, it seems to me that the President probably does have the authority to suspend immigration during a health emergency. As my friend Alex Nowrasteh, Director of Immigration Studies at the Cato Institute, states, “Title 42 of the U.S. Code enables the president to halt immigration for health reasons, while a recent Supreme Court decision upholding his travel ban gives him unlimited authority on immigration.”
Also, the President has broad authority over immigration as set forth in the Immigration and Nationality Act. For instance, INA § 212(f) provides, “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” Another section, INA § 215(a) states, “Unless otherwise ordered by the President, it shall be unlawful… for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.” These sections are quite broad, and have not been tested in court, but given the Supreme Court’s position on immigration in recent cases, it seems likely that an order suspending immigration into the country during the pandemic would be upheld.
In practical terms, though, I am not sure what the suspension actually means. For one thing, immigration is effectively already suspended, given that U.S. Embassies are generally not issuing visas and most flights are canceled. Also, there are existing restrictions on travel from many countries, including China and the EU. So whether an executive order actually changes anything, I am not sure.
Finally, in terms of the unknowns, it is important to wait for the actual Executive Order. Once we have that, we can analyze the legality of the order and any practical effects. Speculating about what the order will say is not helpful, and will likely only result in unnecessary stress. The Trump Administration has been targeting immigrants from the get go, and so this is just one more effort in that direction. We do not know whether the order will impact people already in the U.S. who are seeking status (asylum seekers or applicants for permanent residency). We also do not know if it will affect people with pending applications or applications for work permits. We do not even know if the order will affect people seeking to enter the United States with a non-immigrant visa. Indeed, we know nothing except what was contained in one late-night Tweet.
The fact is, while the President has broad authority over immigration (especially given the deferential position of the Supreme Court), that authority is not unlimited. Under the Administrative Procedures Act, courts can block a regulation that is “arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law.” So for example, while there may be a rational basis to prevent people from coming into the United States during the pandemic, it will be harder to justify denying asylum or a Green Card to people who are already here (aside from that, given the time frame for most applications, the pandemic may be long over before they are adjudicated).
In short, despite the President’s ominous Tweet, we need to remain calm. It’s unlikely to make any real difference in the short term, and when the pandemic eases, which it inevitably will, the justification for an order limiting immigration will be much weaker.
It is truly unfortunate that our President seems only to have one solution for every problem: Blame foreigners. In the mean time, our country has become the epicenter of the pandemic, with more cases and more deaths than any other nation. Yet another attack on noncitizens will not help our economy and will not keep us healthy. For now, we will have to wait to see what the Executive Order says, but regardless, we the people must continue to support each other and to stand together against the coronavirus and against the unjust attacks on our noncitizen neighbors.
Hi,
I had my interview over 10months for asylum. I recently applied for GC for LRIF Act. Can I applied to travel in December 2020 as I await either result? Do you think its ok for me to travel based on the two cases filed? Have you had anyone on similar situation of two filed cases? Can I applied for RTD to travel or AP to travel? Which will be ok to request for base on the to cases filed? How long should it be before I can apply for any travel document for either cases if am to travel? And do you think they will grant it looking at the two cases filed with no final result yet? And will there be any problems in returning if I am given the go ahead to travel in Dec 2020 provided the covid 19 situation is over long before Dec and people can travel in and out freely?
Also lastly, do you think they will request me to do another biometric since I did one for the asylum? And do you think they may wave the interview since I had already had an initial interview for the asylum case?
If you have a pending case, you can travel using AP. It is probably better to apply based on the pending GC for several reasons – first, you already paid the fee, and so you should be able to use the fee receipt in lieu of payment. This will probably not work if you also applied for an EAD when you filed the I-485, but if not, it should work (unfortunately, it does not always work, and to be safe, you might want to just pay the fee again, but technically, when you pay for the I-485, it includes an EAD and AP, and so you could try sending a copy of the I-485 receipt in lieu of paying). Second, if you apply for an EAD and AP based on the pending GC, you should get an EAD that is valid for purposes of travel, which feels much more secure than a piece of paper, which is what you get when you apply for AP based on pending asylum. Finally, you do not need a “humanitarian reason” to get AP when you file based on the pending I-485. You do need that if you file for AP based on asylum, and it can be a problem to get the approval. Assuming that travel is possible in December, if you have a valid AP document, returning should not be a problem. However, it takes a while to get AP, so you should probably apply as soon as possible. As for biometrics, I am not sure whether you will need to do that, or whether they can re-use what they have already. For the interview for the GC, I expect you will need that, even though you were interviewed for asylum already. Maybe not, but I think they will interview you. Take care, Jason
Hi Jason
Thank you for updating posts for us as and when necessary.
I would like to ask you a question, We applied for asylum in May 2017, we have processed our work permits the second time now.
Do you think on an average asylum interviews are called for a case after 4 years ?
Do you think with the immigration ban going on right now the case for asylum will be further delayed.
We have been waiting for our interview for a long time now.
Please shed some light on this as we are waiting for the whole process to be completed so we could live a normal life.
Are advance parole process also on hold for now ?
According to you if Joe Biden becomes the president do you think it will help the immigrants to have a better results with their application?
Do you think this whole pressure will ease on us?
Thank you as always for all your help and advice and support as well you have been giving us.
I do not know how cases will move once the shutdown ends, but I expect they will go fairly quickly, as USCIS has hired many new asylum officers. Once things reopen, you can try to expedite your case – I wrote about that on March 30, 2017. I think the newest immigration ban will have no effect on asylum cases. You can apply for AP – I wrote about that on September 11, 2017, and that process is still working, as far as I know. If Joe Biden becomes president, I do not know whether that will make things faster or slower, but certainly, the psychological terror of the current Administration will end, and that would be a positive step. Take care, Jason
I feel your pain, I applied the same year and have been living in constant dread and fear for 5yrs now… I can’t even complete my education given that asylum applicants don’t even qualify for instate tuition even if they’ve been paying taxes there for years .(FAFSA is ofcourse out of question) My life has been at a complete stop even before COVID-19….
Hi Jason,
Thank you for your support, I have a question my next individual hearing is in 2021 and my EAD will expire before my hearing my question is do you think I will renew my EAD without any problem? because my application was closed and the clock stopped .
do you have any case that your client have been referred to court and continue renewing his EAD?
Thanks
We renew the EAD all the time for people in court. It should not be a problem, even if the clock is now stopped. Take care, Jason
I could have sworn the “clock stopping” only applies to people applying for their first EAD. It may just be me.
It does. Once you have your first EAD, it means the clock has reached 180 days (otherwise, you would not get the EAD). So if the clock stops after that, there is no effect. Take care, Jason
Thank you for your information, Jason. May I ask you another question please? If I got a firearm license and bought guns legally in the United States after I received my Green Card, would that records create any negative impact to me when I apply for citizenship? Thank you!
No , most Americans and republicans love their firearms and fight for the right to bear arms . You’re most likely to be expedited to become a citizen if you tell them this ( assuming the trump admin is still here )
I think not. There are some restrictions on firearms for non-citizens, but if I remember correctly, that only relates to illegal possession of firearms. You may want to reach out to an organization like the NRA to see if they have advice about this (or just have a lawyer double check), as I am not completely sure. You can also check the form N-400. I do not recall any questions on that related to firearms. Take care, Jasno
Hi Jason,
Does public charge rule apply to the dependents of asylees? Take care!!!
The public charge rule does not apply to dependents of asylees if the dependents have received asylum themselves, either at the same time as the principal applicant or through the I-730 process. Take care, Jason
the exec order doesn’t affect asylum-seekers, and only affects people outside the U.S. as far as I can tell. it’s finally out.
i’m relieved but the psychological torture of moves like this is purposeful, and unforgivable, on top of all its other negative effects.
https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/
I think the psychological torture (and the pleasure it seems to give some of the President’s supporters) is the main point. Unfortunately. Take care, Jason
Hi Jason.
I missed the asylum interview ,my EAD is expired I could not renew it because my application was closed , now I received a referral notice my court date is September 1, my question is if I can renew my EAD if the clock stopped but my application was pending 520 days.
You should be able to renew the EAD since more than 180 days have passed on the clock. Take care, Jason
Hi Jason, any idea what is normal processing time from submitting an i-589 to receiving a blue slip at the moment?
Thanks,
Alex
They now send a full size piece of paper for the receipt, but in 2020, it was taking 1 to 2 months. Recently, though, we received some receipts from the TSC in about a week. Take care, Jason
Thanks Jason!
Hi Jason, I am in US on pending asylum case from last 4 years. I got married here last year but J1 visa was hurdle In Adjustment of case. I applied for the NOC and luckily got NOC from my home country, but still waiting for the NOC from USCIS. My friend told me that as u Got the funding from State Department, u will not eligible for the NOC. FYI, I already completed my J1, but didn’t fully complete the two year residency program. Can you please guide me.
Thanks
I don’t do J-1 waivers (my law partner does), but I know it is sometimes possible to get the waiver. If you want to email my law partner Todd, his email is TPilcher@DzubowLaw.com. Take care, Jason
Mr jason this organge clown has halted green cards . Please wake us up when he has perished . We are sick of his venom coming out of his pores and nasty mouth
President trump banned new green card applications , I was ready to apply ? Where does this leave and can this be indefinite ? This man is worse that Lucifer
Could someone pls help.
Can asylee who is in usa still apply for green cards?
We have to wait to see what the executive order says. Supposedly, that will be issued today. Take care, Jason
Let’s see what the order says. It may not affect people who are in the US. We shall see. Take care, Jason
Hi Jason.
I appreciate and admire your time with every details on how asylum issues, thank you sir!
Can I start my application despite President Trump’s tweet.
Hello Mr Jason and Asylum family,
Thank you so much Mr Jason for all your supports especially in this challenge times.
I have learned a lot from your blog by following you.
Please Mr Jason can I have your email address I would like to have your advice.
Thank you be safe
My email address is on the right side of the page, but please be aware that I can only arrange a consultation by email; I cannot answer questions. You are welcome to post questions here and I will try to respond, of course. Take care, Jason
Application for a GC? If so, you might at least wait until the order is issued to see what it says, but I suspect you can start the process. Anyway, we will know soon. Take care, Jason
Hi Jason, thank you for everything you’ve done to help us. May I ask you a question please? I’m an asylee and I just received my first Green Card recently. The card writes resident since 04/15/19. My question is if I didn’t leave the U.S. in the following years, what is the earliest date I could apply for U.S. citizenship? If I left this country like two weeks before applying the citizenship, how to calculate the time then? Thank you!
As long as you do not leave the country for several months at a time (see the form N-400 instructions, which discuss a “break in physical presence”) or spend more than 50% of your time outside the US, you should be eligible to naturalize on April 15, 2024, though you can mail in the N-400 form up to 90 days early (so mid-January 2024). Take care, Jason
Hi Jason,
Hope you stay safe and healthy during this crazy time, I’m applying for my GC based on asylum in couple of months, i had may first travel document few days ago which i believe will stay on the shelf, my question, am i still eligible for the free travel document which i could file along with the GC ?
Regard,
When you pay for the GC (form I-485), you can get a travel document with that at no extra cost. However, if this is an RTD and you have an old RTD that is not expired, I believe you need to mail in the original of the old RTD to get a new one. Check the instructions for the I-131 to be sure. Take care, Jason
Hi,
I had my interview over 10months for asylum. I recently applied for GC for LRIF Act. Can I applied to travel in December 2020 as I await either result? Do you think its ok for me to travel based on the two cases filed? Have you had anyone on similar situation of two filed cases? Can I applied for RTD to travel or AP to travel? Which will be ok to request for base on the to cases filed? How long should it be before I can apply for any travel document for either cases if am to travel? And do you think they will grant it looking at the two cases filed with no final result yet? And will there be any problems in returning if I am given the go ahead to travel in Dec 2020 provided the covid 19 situation is over long before Dec and people can travel in and out freely?
Also lastly, do you think they will request me to do another biometric since I did one for the asylum? And do you think they may wave the interview since I had already had an initial interview for the asylum case?
If you have a pending case, you can travel using AP. It is probably better to apply based on the pending GC for several reasons – first, you already paid the fee, and so you should be able to use the fee receipt in lieu of payment. This will probably not work if you also applied for an EAD when you filed the I-485, but if not, it should work (unfortunately, it does not always work, and to be safe, you might want to just pay the fee again, but technically, when you pay for the I-485, it includes an EAD and AP, and so you could try sending a copy of the I-485 receipt in lieu of paying). Second, if you apply for an EAD and AP based on the pending GC, you should get an EAD that is valid for purposes of travel, which feels much more secure than a piece of paper, which is what you get when you apply for AP based on pending asylum. Finally, you do not need a “humanitarian reason” to get AP when you file based on the pending I-485. You do need that if you file for AP based on asylum, and it can be a problem to get the approval. Assuming that travel is possible in December, if you have a valid AP document, returning should not be a problem. However, it takes a while to get AP, so you should probably apply as soon as possible. As for biometrics, I am not sure whether you will need to do that, or whether they can re-use what they have already. For the interview for the GC, I expect you will need that, even though you were interviewed for asylum already. Maybe not, but I think they will interview you. Take care, Jason
How is this going to help prevent COVID19? He needs to ban tourism or any type of visa entry to US then, otherwise it makes no sense and looks like a bias towards legal immigrants.
Legal immigrants get tested from head to toe anyway.
Of course this has nothing to do to control COVID-19. It is purely part of Trump 2020 presidential campaign. By announcing immigration and GC ban he doesn’t fight pandemic which he once called a “hoax”. This is exceptionally a political decision to please national-chauvinists, and those who are still waving to vote him in November 2020. This stupid uneducated clown pours more gas on the fire of nationalism. But he doesn’t realize the one day the flames of this fire will burn himself. Immigration and GC ban wont save American economy, from the total collapse.
I agree. Plus, how will these even help him politically? It seems to me that he needs to expand his case in order to win, and attack immigrants is unlikely to win him any new supporters. Obviously, he thinks it will help him, I guess. Take care, Jason
Thank you for this prompt posting Jason on this issue, Jason!
I’m getting so worried . I applied for GC based asylum in 2019 and had to redo my fingerprints in Feb 2020. My EAD expired in March 2020 as well as my travel document, my drivers license is also expiring in June.I applied for both EAD and Travel Document renewals. My employer extended my employment till September 2020 despite the fact that I have been granted asylum- they said if I don’t give them an EAD by September I’ll loose my job. I really don’t know what to do. Is there any number or email I can use to inquire on this. I don’t know if Trump will stop GC processing for people in the US as well! This is just too much to handle
It seem likely that GC processing in the US will not be affected. My guess is that you will either have the new EAD on time or the GC, so I do not think it is a major worry. I did a post about expediting USCIS cases on January 29, 2020 – maybe that would help. Also, if the time comes and you do not have an EAD or GC, maybe you would want to provide your employer with a legal memo explaining that you are eligible to work as an asylee. A lawyer can help with that. Take care, Jason
Thank you!
Dear jason did you see what trumpy mother trucker did ? Cancelled green cards apps indefinitely . this little mother trucker butt hole piece of poopoo dirty son of a harlot hehe is still alive and doing the devil deeds . Dear Jason I wonder if Corona dear Corona wants to caress his elderly lungs or perhaps ? Can you all pray for this special soul to go to galaxies away where the light at the tunnel is , if you know what I mean hehe . I wish him THE BEST ( really 😉 we all do. mother trucker hehe , I pray his last day is NOT filled with pain he DOES not deserve it . But karma is a B iShh hehe . Go Republicans ! Go Trumpyy
Dear Jason,
Thank you for your prompt article on Trump tweet. I am just preparing to send my asylum application these days. After hearing Trump’s upcoming order on immigration, I am so much worried. As you say, at this stage, we know nothing what is behind the order. Hope you will give us more elaboration right after the executive order is signed.
Thank you again
God Trump is so awful.
Do you think this will affect asylum seekers applying for green cards? We are about to file our application …
thanks as always for your posts, especially during this time, Jason.
I am interested in knowing this also. I am hoping to start the application next month. I was offered a full time position at my employer just a couple weeks ago and the HR manager looked at my EAD and said, ‘well, I hope we are still open by the time this expires’. I chuckled… But I do want to get it though before my EAD expires next year, since I would like to move beyond having to depend on that and feel like I am moving forward in my new life in the US.
I do not think so, as it seems focused on people coming to the US, but we will know soon enough. Take care, Jason
I wanted to share my great news with you . I was granted asylum . Here is my timeline :
NOV 2015 filed at Los Angeles
July 2019 Interviewed
April 2020 Granted !
Never lose your hope !
Congratulations and Welcome to the USA! Thank you for sharing – it is good to hear positive news during these difficult times. I did a blog post on August 16, 2018 that may be of interest (about what happens when asylum is granted). Take care, Jason
So many thanks dear Jason for your help and kindness !
Hi Sahel,
Congratulation. Did you apply for expediting your case?
Thanks,No , I didn’t apply for that
Hi Jason,
I applied for asylum 2015 November
Interviewed 2020- January
Granted 2020 February
I am granted Asylee now. I have received my new EAD till 2022. I am supposed to apply for green card next year March . Do you think this new law from Trump administration is going to affect anything? I also files I-131 RTD. I was expecting for biometric but due do COVID 19 They closed offices. I do miss traveling and was planning to go to Europe if this pandemic finished. Do you think this will affect any of my applications?
Thank you
Leyla
I doubt the coming order will affect your GC application, but I would not be surprised if the RTD is delayed. USCIS does not seem to be working at full capacity these days, and there are no fingerprint appointments. In any case, even before the pandemic, RTDs seemed slower – maybe 4 to 6 months. Take care, Jason
Hey, Leyla. Did you apply in LA as well?
Do you guys know anyone interviewed in Los Angeles from late 2016 , early 017 ?
I have applied since april 2015 LA still wating for interview. One of my friend applied Decm 2015 no interview yet another one Nov 2015 no interview date.
Same here, I applied march 2015, no interview yet
Hey, congrats on your approval. I have I question: did you expedite your case? I filed mine in Nov “15 in LA too. But still no response.
Thanks
thanks Jazon
What is going to be the next step this orange moron will take?
Concentration camps for immigrants, “America for Americans”, “Sieg heil Trump!”
Republican party should change their name into: National-Socialistische Americanische Arbeiter Partei.
It is very sad how easily we forget. Take care, Jason
Good morning Jason, what will be the status of the immigrants working on EAD, whether the administration will cancel/ revoke the work authorizations?
I have not heard that the order would affect people who are currently here, or that it would cause anyone to lose an EAD. We will have to wait to see what the order says, but I doubt it will affect people with an EAD. Take care, Jason
Hi jason i have one question, my asylum status is pending and after several years my wife came here by B1 visa 9 months ago, ( her name is mentioned on my asylum cases before) I applied for her for dependent benefit like work permit and SSD 3 months ago but her paper was returned by mistake. While I am about to send it again due to COVID-19 the office is closed. what do u think do they still working if i send the document or not. I am worried that her 1 year bar is very near. Pls help and tnx
If you are legally married, you should be able to add her to your case. To do that, you have to contact the local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. The problem is that they seem to be mostly closed during the pandemic. Maybe they will respond and maybe not. If you can add her to your case, she can apply for an EAD immediately (assuming you are eligible for the EAD). Alternatively, she could file her own asylum case. She would just do that normally, and USCIS is accepting cases. However, if she did that, she would have to wait 150 days before applying for an EAD. Take care, Jason
Dear Mr Dani
Since she was in your asylum case how they issue her a B1 visa did she told them that you have a pending asylum case in the US during the interview , two times I have applied b1 visa for my wife but the didn’t give visa to her , would you please give me some light on this ?
Regards
They never asked her about me she told them she want to visit her friends here in usa.
Dear Dani thanks for your prompt reply , one more question brother , when she filed up the application DS-160 they ask are you married if yes then the they ask where is your husband so what you guys wrote ? And which country are you from bro ?
Regards
Thanks, Jason.
The hundreds of thousands of temporary work visas issued by the US each year will not be affected by the 60-day pause.
Also exempt are the spouses and young children of American citizens, green card applicants currently already in the US, and those seeking entry to work as doctors, nurses or other healthcare professionals.