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Immigration Law

DOS Cable on NAM v. DHS (Nov. 20, 2020)

DOS, Nov. 20, 2020Revised Guidance for the Court Order in National Association of Manufacturers V. DHS (Regarding Presidential Proclamation 10052)

"This ALDAC provides revised guidance to implement the Court’s November 18 order in National Association of Manufacturers v. Department of Homeland Security et al (NAM), which clarified its October 1 order enjoining the government from enforcing section 2 of Presidential Proclamation (PP) 10052. In particular, this ALDAC replaces guidance in Ref A paragraphs 2-4; and in Ref B paragraph 2. Applicants are now considered covered by the NAM Court’s order so long as the petitioner or sponsoring entity is a member of one of the named plaintiff associations at the time of adjudication. Further, the Court ordered that the Department “treat visa applicants covered by the injunction no less favorably than any other nonimmigrant visa applicant.” The Department understands this to relate to appointment scheduling and adjudication at posts where regional COVID proclamations are in effect, and posts should extend the national interest exceptions under PP 10052 to applicants covered by the injunction."