Not a Lexis+ subscriber? Try it out for free.

Immigration Law

DOS Young v. Trump IV Processing Update (Dec. 17, 2020)

DOS, Dec. 17, 2020

"On December 11, 2020, a federal district court in Young v. Trump  enjoined the Department of State from enforcing Section 1 of Presidential Proclamation 10014 against named plaintiffs and enjoined the Department from engaging in any action that results in the non-processing or non-issuance of their immigrant visa applications based on Presidential Proclamation 10014.  Presidential Proclamation 10014 suspended entry into the United States of certain immigrants who present a risk to the U.S. labor market following the coronavirus outbreak.

Immigrant visa applicants who are named plaintiffs in Young v. Trump should contact the National Visa Center for guidance on scheduling a visa interview, or if their case had previously been scheduled, their nearest Embassy or Consulate.  Plaintiff applicants are reminded that, due to the COVID-19 pandemic, many Embassies and Consulates continue to face severe resource constraints or limitations due to local conditions and may not be processing immigrant visa applications.  In addition, while the Department is undertaking all good faith efforts to schedule named plaintiffs for a visa interview, the court order does not require plaintiffs be given special priority ahead of other immigrant visa applicants who already have been scheduled for interviews.  Plaintiff applicants also remain subject to any other Presidential Proclamation in effect, including Presidential Proclamations 9984, 9992, 9993, 9996, and 10041, which suspend entry into the United States of aliens who have been physically present in the People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, and Brazil, respectively, in the 14 day period prior to their entry or attempted entry into the United States, unless able to meet the criteria for an exception. 

The resumption of routine visa services, prioritized after services to U.S. citizens, continues to occur on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities.  U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March 2020, to the extent they are able, and will continue to do so, as they are able.  As post-specific conditions improve, more missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.  Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able to offer."