Trump Entry Ban Blocked By U.S. Judge

When Trump’s visa ban was enforced, it sent shock waves through the political world and immigration communities. Families were separated, and many companies like Facebook’s normal operations and employment strategies were thrown a curveball. In general, people were shocked and outraged. 

Of course, everyone knew the visa ban would not go unchallenged in court. But when the first challenge was unsuccessful in Washington D.C., many people lost hope. Fortunately, there is a second chance with a federal judge in San Francisco deciding to block the U.S. administration from enforcing Trump’s visa ban. Let’s take a look at what happened. 

Why is There a Proposed Entry Ban into the U.S.? 

On June 22, 2020, President Trump issued an executive order restricting foreign nationals on H1B, L, H2B, or J visas from entering the United States if they were outside the U.S. at the time the order came into force. It also suspended new green cards and visas, such as the H1B and other employment-based visas, from being issued.

The COVID-19 pandemic has had a severe impact on the U.S. economy and has left many Americans jobless. The U.S. unemployment rate reached a record of 14.7% in April 2020. According to Trump, the reason for this executive order is to protect American jobs and the U.S. labor market. Trump’s reasoning is that by restricting these visa categories, more jobs will be available to Americans.

This visa ban is currently set to last until December 2020. Still, it can be extended or amended by the President at any time. 

Who Would the Entry Ban Affect?

The largest groups affected by the visa and entry ban are:

• H1B visa – visa aimed at bringing skilled foreign workers in specialty occupations into the U.S.
• H2B visas – visa for temporary workers who do not work in the agricultural industry.
• J visas – to the extent you want to participate in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program.
• L1 visas – used for the intra-company transfer of employees who are managers or have specialized knowledge.
• H4 visas – used by dependents of H1 visa holders to travel with them to the U.S.
• L2 visas – used by family members, including spouses and dependent children, of L1 visa holders.
• J2 visas – a dependent visa issued to spouses and dependents of J1 visa holders. 

Trump’s visa ban has affected 580 000 H1B visa holders and petitioners. It especially impacted those visa holders who just received their H1B visas but were outside of the country at the time. These visa holders were blocked from entering the U.S. and prevented from starting their new life and career.  

Many families were also separated by the ban being enforced. Among them were 125 000 H4 visa holders. These dependents (spouses and minor children) are eligible to live with the primary visa holder in the U.S. Unfortunately, many were stranded outside of the U.S. when the ban came into force. As a result, they were separated from their family members until the entry ban is lifted. 

According to 2019 data, approximately 75 000 L1 visa holders are blocked from being transferred to the U.S. by their current employers. Almost 300 000 J1 visa holders also weren’t able to travel to the U.S. to participate in their culture and work exchange programs in the U.S.

Why Was the Entry Ban Blocked?

As soon as the executive order was announced, opposition groups started to take action. A few big companies like Amazon and Microsoft decided to challenge Trump’s visa band together with the U.S. Chamber of Commerce, the National Association of Manufacturers, the National Retail Federation, and many other smaller businesses. This group sued the U.S. administration, arguing the visa ban prevented them from hiring various skilled employees, such as engineers, IT experts, doctors, and other essential workers. They claimed these individuals were needed to continue their businesses and would therefore drive and benefit the U.S. economy. 

The federal judge agreed and blocked the entry ban from being enforced. 

What Will Happen Next with the Entry Ban?

There is no doubt this ruling will be challenged in the District Courts. However, there is now a window for many non-immigrants stranded abroad to come back to the U.S. and reunite with their families. Many companies can also now again make use of foreign skilled labor. 

The California federal district judge’s decision is in stark contradiction to the decision of another federal judge in Washington, D.C., who ruled in favor of the visa ban just a month before. Both these court cases will now be taken on appeal. If the courts hearing the appeal also disagree with each other (and if Trump doesn’t withdraw his order), we can expect to see the case make its way to the Supreme Court. 

The question is, who is right, and what can we expect to happen? Of course, it is impossible to say beforehand. According to many, the expectation would be for the immigration ban to ultimately be blocked. If it isn’t, the courts will be giving the President carte blanche over immigration matters. 

It seems everything will turn on how the Supreme Court reads the 2018 Trump vs. Hawaii case. 

Section 1182(f) of the Immigration and Naturalization Act gives the President the power to suspend visas. This is the basis on which Trump issued his executive order. Section 1182(f) reads “whenever the president finds that the entry of any aliens or class of aliens in the United States would be detrimental to the interests of the United States.” 

The debate is around the broadness of “whenever.” In Trump vs. Hawaii, the court said it “exudes deference” to the President. In this instance, the courts are debating to what extent it is appropriate to defer to the President and in which cases it isn’t. Unfortunately, Trump vs. Hawaii is ambiguous in this regard. 

The California court that blocked the visa ban read Trump vs. Hawaii narrowly and therefore struck down the visa ban. The D.C. court, on the other hand, read the case broadly and upheld the travel ban. So, the question would be how the Supreme Court will read the case. 

Hopefully, they choose to follow the California court’s reading and rule the entry ban to be forever blocked. Of course, it is also possible that Trump loses the election or that he rescinds the order. 

Whatever the final route is, many people are keeping fingers crossed for the visa ban to become a thing of the past. 

Conclusion

Even though it is unclear what exactly will happen next with the immigration ban, there is a window of opportunity. Employment-based visa holders can enter the U.S., and families can be reunited. So, take action as soon as you can while you can.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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