Will Trump's immigration proclamation ensure Americans get their jobs back after the pandemic?
By Nolan Rappaport



© Getty Images
President Donald Trump said he would suspend immigration during the COVID-19 pandemic, but his immigration proclamation just establishes a 60-day suspension on the entry of certain “immigrants” who would present a risk to the U.S. labor market during the economic recovery following the pandemic. The suspension can be extended when the 60-day period ends.
The term, “immigrant,” is defined by section 101(a)(15) of the Immigration and Nationality Act (INA) to mean an alien who is not a nonimmigrant — in other words, an alien who wants to enter the U.S. is considered an “immigrant” unless he can establish that he is entitled to one of the nonimmigrant visitor classifications.
This means that the proclamation only protects American workers from competition with aliens who are coming here to stay permanently. It doesn’t protect them from competition with temporary workers who may stay a long time but will not be allowed to remain here permanently.
This is a very significant omission. In fiscal 2018, State Department consular officers issued 924,000 visas to temporary alien workers.

But the proclamation is not a finished product.

Trump included a provision which requires administration officials to review the nonimmigrant programs and recommend whether additional measures are needed to ensure the prioritization, hiring, and employment of American workers.

There is no way of knowing which nonimmigrant workers will be included in the suspension when the review is finished, or how long the suspension will actually last.

Read more at https://thehill.com/opinion/immigration/494774-will-trumps-immigration-proclamation-ensure-americans-get-their-jobs-back

Published originally on The Hill.

Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years. Follow him on Twitter @NolanR1 or at https://nolanrappaport.blogspot.com.