Advocates Sue Biden Over Visa Restrictions
Visa restrictions on grounds of health emergency
Aside from the fact that former President Trump always had the unwavering intention of reducing immigration at all costs, the sudden arrival of the global Coronavirus pandemic undoubtedly allowed his administration to adopt unconventional emergency measures during the health crisis, which substantially restricted immigrant and non-immigrant programs.
To give a specific example, through five presidential proclamations, Trump banned nationals of 35 countries from entering the US on grounds of health emergency, ordering the DOS (Department of State) to suspend the issuance of visas for both immigrants and non-immigrants. This restriction took effect almost immediately after the COVID-19 pandemic reached the North American territory.
Adding to that, because the health risk is still present, current President Joe Biden has not removed Trump’s restrictions on all kinds of visas in these countries and, instead, he also signed a presidential proclamation adding South Africa to the list of countries with visa restrictions.
Some countries on the list are Iran, dozens of European countries, China, South Africa and Brazil.
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Advocates involve Biden in lawsuit Trump was previously facing
Since visa restrictions on grounds of health emergency are delaying immigration processes in dozens of countries around the world, increasing the backlog of pending immigration cases, affecting business immigration and leaving relatives of American citizens or LPRs (Lawful Permanent Permanents) behind, a coalition of advocates filed a lawsuit while Trump was still president, challenging his visa restrictions.
Now that President Biden has added another country to the list and does not plan to remove pandemic-related visa restrictions for now, plaintiffs included him in the lawsuit, stating that these limitations are affecting thousands of people in these countries and further delaying immigration processes in the US.
Advocates, who filed this legal complaint on behalf of approximately 200 plaintiffs, state that the President has the right and power to suspend the entry of certain nationals to the US in times of health crisis, but it does not mean that DOS have to suspend the issuance of visas as that only affects the local immigration system.
In fact, they openly state, “Due to Defendants’ unlawful refusal to issue visas to individuals in these countries, the plaintiffs are subject to a total, inescapable ban on receiving their visas, or even having these visas adjudicated.”
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