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US District Judge Rules Against June Proclamation Limiting Work Visas

October 5, 2020

On September 29, Judge Jeffrey White of the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction staying the ‘Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus.’

As previously reported, the Proclamation, which was introduced on June 22 and scheduled to last until the end of the year, applied to individuals in H-1B, H-2B, H-4, J-1, J-2, L-1, and L-2 visa status who are currently outside the United States and do not possess a valid visa stamp for re-entry.

In the judgment, Judge White wrote, “there must be some measure of constraint on Presidential authority in the domestic sphere in order not to render the executive an entirely monarchical power in the immigration context, an area within clear legislative prerogative.”

The preliminary injunction takes effect immediately and remains in effect pending the completion of a trial or further court order.

This lawsuit was brought against the Department of Homeland Security by several professional associations and organizations, including the US Chamber of Commerce, the National Association of Manufacturers, National Retail Federation, TechNet, and Intrax Inc. Several large companies also supported the lawsuit. The order will apply to the plaintiffs and their members. There is also no limitation on non-member companies joining one of these associations and benefiting from the order.