Here is the text of the Ban.
In Proclamation 10014 of April 22, 2020 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), I suspended, for a period of 60 days, the entry of aliens as immigrants, subject to certain exceptions. In Proclamation 10052 of June 22, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), I determined that the considerations present in Proclamation 10014 remained, and I extended the suspension of entry imposed in Proclamation 10014 through December 31, 2020. I further noted that the Secretary of Labor and the Secretary of Homeland Security had reviewed nonimmigrant programs and found that the admission of workers within several nonimmigrant visa categories also posed a risk of displacing and disadvantaging United States workers during the economic recovery following the COVID-19 outbreak. Consequently, I suspended, through December 31, 2020, the entry of any alien seeking entry pursuant to certain nonimmigrants visas, subject to certain exceptions.
The 2019 Novel Coronavirus (COVID-19) continues to significantly disrupt Americans’ livelihoods. While the November overall unemployment rate in the United States of 6.7 percent reflects a marked decline from its April high, there were still 9,834,000 fewer seasonally adjusted nonfarm jobs in November than in February of 2020.
The effects of COVID-19 on the United States labor market and on the health of American communities is a matter of ongoing national concern, and the considerations present in Proclamations 10014 and 10052 have not been eliminated. The current number of new daily cases worldwide reported by the World Health Organization, for example, is higher than the comparable number present during June, and while therapeutics and vaccines are recently available for an increasing number of Americans, their effect on the labor market and community health has not yet been fully realized. Moreover, actions such as States’ continued imposition of restrictions on businesses still affect the number of workers that can be hired as compared with February of 2020.
Given these factors, an extension of Proclamations 10014 and 10052 is appropriate as the President continues to monitor the effects of the COVID-19 pandemic and assess whether a further continuation, modification, or termination of Proclamations 10014 and 10052 is warranted.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f) and 1185(a)) and section 301 of title 3, United States Code, hereby find that the entry into the United States of persons described in section 1 of Proclamation 10014, except as provided in section 2 of Proclamation 10014, and persons described in section 2 of Proclamation 10052, except as provided for in section 3 of Proclamation 10052 (as amended by Proclamation 10054 of June 29, 2020 (Amendment to Proclamation 10052)), would be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following:
Section 1. Continuation of Proclamation 10014. Section 4 of Proclamation 10014 is amended to read as follows:
“Sec. 4. Termination. This proclamation shall expire on March 31, 2021, and may be continued as necessary. Within 15 days of December 31, 2020, and every 30 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”
Sec. 2. Continuation of Proclamation 10052. Section 6 of Proclamation 10052 is amended to read as follows:
“Sec. 6. Termination. This proclamation shall expire on March 31, 2021, and may be continued as necessary. Within 15 days of December 31, 2020, and every 30 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”
Sec. 3. Severability. It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the interests of the United States. Accordingly:
(a) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and
(b) if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.
Sec. 4. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of December, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fifth.
And here is the link.
January 1, 2021 at 15:22
So in simple words DV 2021 will not start soon ?
January 1, 2021 at 15:25
Happy new year sir ,
I think Sir if president Biden wants to stop this , it will be easy even based on the content of this memorandum (Within 15 days of December 31, 2020, and every 30 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”)
Hope we will see this
Thank you Sir for your effort
January 1, 2021 at 15:44
It will be easy because he can simply revoke the whole thing. He doesn’t need the 30 day review or any “permission” from the current moron.
January 2, 2021 at 22:13
Please sir, what advice can you give to dv2021 winner with high case number paying to participate in Curtis morison lawsuit? Thanks
January 1, 2021 at 15:49
People don’t understand that Trump is just a figure nothing else. He obeys orders without question. Wake up people. Even Biden will not stop this proclamation. Because his also just a figure. They don’t even give a damn of this proclamations. Presidents are puppet rulers. None will stop it only deep state can do that and they don’t want it. This is the reality unfortunately.
January 1, 2021 at 15:50
You need to stop believing nonsense.
January 1, 2021 at 20:22
Get away with you discouraging and stupid thinking
January 1, 2021 at 22:43
Hi Ronaldo, Sounds Interesting.. Can u please explain bit more… what is d meaning of just a figure? i mean what sort of a figure>
January 1, 2021 at 15:25
That proclamation concern DV2020 & DV2021 ?
January 1, 2021 at 15:43
It directly affects people who got their visas in September (DV2020) for the first time.
January 2, 2021 at 10:49
Will the proclamation delay the process of dv2021 interview
January 2, 2021 at 16:42
Interviews are already delayed.
January 5, 2021 at 10:52
I am one of them, my visa expires on 24th of March 2020, can it be extended
January 5, 2021 at 16:02
Are you asking if the visa can be re-issued? The lawyers are arguing for that in the Anunciato case.
January 1, 2021 at 15:28
What is about the travel ban for everyone who isn’t allowed to enter the USA if the person was present in the EU 14 days prior to arrival in the USA? Is this ban also extended? Or is it expired by 12/31/2020?
January 1, 2021 at 15:42
That ban has not expired – but while the 14 day bans had a way around them (spending 14 days in a third country), 10014/10052 is more impactful.
January 1, 2021 at 15:35
this extension, if not amended by Biden, is the final blow to dv2020. Except the lucky 9000 remaining visas to be issued.
January 1, 2021 at 15:41
Traveling now is pointless…right ?
January 1, 2021 at 15:45
Difficult to say the least. The best idea is to wait and see what Biden says/does.
January 1, 2021 at 15:54
To the best of my knowledge, the initial ban is for only 15 days and can be continued after January 16th for another 30 days if conditions haven’t changed per Trump’s judgement.
This is my interpretation.
January 1, 2021 at 16:01
That is an incorrect interpretation.
January 1, 2021 at 16:06
Brit, it can continue every 30 days until 31st March……
In reality, the ban can be over in another 2weeks.
As per the wording……
January 1, 2021 at 16:55
I know the wording. TRUMP won’t remove it.
January 1, 2021 at 16:37
Wishing you and your family all the best for 2021. What a wonderful effort you are doing!
It seems to me that this administration has a complete disregard for american law since DV is a law as far as I know.
I was wondering I read on Curtis Morrison twitter account that they will launch a lawsuit for this, would it be worth joining, knowing that these things take a long time to come to a conclusion..
Have a nice day.
January 1, 2021 at 16:56
It is too early to comment. Wait.
January 1, 2021 at 18:00
Dear Brit, Please correct me if I’m wrong. As I understand no lawsuit can help me if my case number is not current?
January 2, 2021 at 15:20
That means if it is not current at the end of the year. It does not mean you have to be current now.
January 2, 2021 at 16:02
Understood. Thank you sir!
January 1, 2021 at 17:17
What if Mr. Kuck and legal team can take a TRO earlier not waiting till 22nd Jan. I hope it might be a option for them to get a TRO earlier from Judge Seeborg and then if that works they can work on a class action suit???
What’s your view
January 1, 2021 at 17:29
Difficult to achive, because it means overturning the Presidents ability to restrict entry into the USA, which is an argument that thus far we have not won.
January 1, 2021 at 17:34
ok if it is difficult to achieve what do you hope on the 22nd hearing on PI and class certification. I see legal teams are much more confident with that date. Any idea on the 22nd Jan outcome of PI?
January 1, 2021 at 17:37
Im a dv 2020 lottery winner and my visa will expire on 18th of march 2021. If this proclamation extends to march 31 will i be able to renew my visa
January 2, 2021 at 15:17
The lawyers will try to get visas renewed, BUT that is not certain, so it is best to plan to e neter the USA before the expiry.
January 2, 2021 at 16:50
But if I do so (mine exp Mar 14th) the CBP officer has the authority to cancel my visa and to issue a 235b order of removal which will bar me from entry for 5 years.
Is that correct?
January 2, 2021 at 16:53
January 2, 2021 at 16:59
Sorry for making you mad. I am sitting in a hotel in Turkey the ninth day with a flight to New York on friday. I am about to go home again because I am afraid.
January 2, 2021 at 17:25
I’m not mad, just trying to be very clear because people seem to think this is ambiguous. To be clear, you will not be allowed to travel unless your visa was a reissued visa from before April 23. Biden will remove the ban. Wait until then.
January 1, 2021 at 17:54
Simon, quick question. Been holding off the submission of ds260 until now to get a better picture of bans and chances. EU37k 2021 here. Not really sure what to do: what’s the best course of action at this point? Just doing it and whatever happens happens, or waiting longer for more clarity. Many thanks.
January 2, 2021 at 15:19
Wait some more. Let’s see what effect the new administration has and whether/when interviews start.
January 1, 2021 at 18:32
Hi Brit, one of the memorandum was about embassies to resume visa issuance, can we understand from that, interviews for DV may start now, however travel can only happen after March 31st? If that can happen, then at least this will be a good news.
January 2, 2021 at 15:20
We will see if that applies to DV cases.
January 4, 2021 at 08:37
above the link announced on 30 Dec- hopefully embassies will act acceding to this and start scheduling some interviews
January 1, 2021 at 19:37
If President Biden lift the Muslim Ban as promised he will need also remove the PP10014 and the other proclamations, because without lifting the last one, the lift of the first Ban will be useless.
January 2, 2021 at 15:29
That is partly true, and one of the reasons I am confident he will lift the ban.
January 1, 2021 at 21:22
Hi Mr Brit
I am so heartbroken since president Trump’s make this extension, please want to know if President elect Joe Biden is aware of this PP 10014 which is affecting we Visa holders as immigrant of September 30 and what is his actions about this, because only him we can depends on now?
(2) If he doesn’t know about this proclamation, is it possible for you people to let him inform?
January 1, 2021 at 22:09
Indeed it’s so sad for us dv2020 and dv2021.But we should stay positive. Biden will probably remove the ban. But we should understand that he has more important problems than the travel ban in his agenda. The COVID crisis is on the top of his agenda.
Sometime we think that everyone care about dv winners in the white house,we should know that we represente a very few numbers compared to others immigrants (family based visa, asylum, H1B and H2B visas…)So if Biden will remove the ban, it’s not because of dv winners, but to facilitate family reunion and skilled workers to boost the us economy.
For sure on the day one in the white house he will think first about american unity after this catastrophic transition, the covid and migrants crisis at the borders with Mexico.
Let’s just hope for the best for everyone.
January 2, 2021 at 15:34
He will be aware.
January 1, 2021 at 22:17
The extension mentions an exception to section 2 of PP10014 where those who had visas are allowed to enter
Would that mean also those who have visas as at the extension date are allowed entry?
January 2, 2021 at 15:35
January 2, 2021 at 00:00
They actually added this for whatever reason: Within 15 days of December 31, 2020, and every 30 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.
No idea why! Are they actually going to review the proclamation and make changes on Jan 15??? Right…
January 2, 2021 at 15:38
No – they had the same BS in other bans. It gives the appearance of wisdom and consideration for facts when there is actually nothing of the sort.
January 2, 2021 at 03:38
Thank you for your valuable information and guidance.
1.Could you please let me know if any of the already filed cases ( I think only Gomez vs Trump case covers ourselves as a class action) would specifically address the concerns of the 6000 winners who were issued visas in September?
2.Can/will any other legal action be initiated for this specific group whose visas would expire in March?
January 2, 2021 at 15:41
Gomex covers the winners, and Annunciato covers DV2020 expiring visas. However we also need to wait to see what Biden does.
January 2, 2021 at 16:31
Annunciato lawsuit covers everyone with dv 2020 visas or only plaintiffs?
January 2, 2021 at 16:58
Gomez covers all DV2020 with no visas as part of the certified class.
Anunciato aims to fight for DV2020 with issued visas & ALL DV2021 cases as a class action (not yet certified).
January 5, 2021 at 01:30
Firstly happy new year:)
Sir, what’s your take on the latest decision of nine circuit court and its effect on judges decision to grant preliminary Injunction PI in Anunciato case?
January 5, 2021 at 02:44
It’s not a major factor in my opinion.Kuck and Joseph debated this a little on their FB meeting this evening.
January 2, 2021 at 06:34
Thanks for the updates. Your efforts are enormous and no one doubts your goodwill.This proclamation is indeed a big blow to dv 2020 & 2021. I believe we will still triumph. We worked hard and got the visas in September. That victory was a milestone. Today, we’re faced with another challenge. I believe the team of AILA,Brit Simon, President Biden and us dv winners are more than capable to get the desired victory. To all my fellow September visa holders, let’s keep calm and be positive. Our team is a winning one. We won before and we’ll win again. Once more,thank you so much Brit Simon.
January 2, 2021 at 16:31
Biden will remove the extension.
January 2, 2021 at 08:43
I am a green card Holder but am outside USA planing to travel back this January i dont have a ticket yet but i am supposed to be at work by 10th this month, is the order affects me? Something I didn’t understand as i have a job already
January 2, 2021 at 16:39
No the ban does not apply to existing LPRs
January 2, 2021 at 15:53
Please help me, Im 2020 DV winner and reissued my visa 30 of september 2020. No any anotation on my visa. I have booked a ticket 14th of this month. Can I travel??
January 2, 2021 at 17:04
Reissued from prior to April 23? If so, you can travel but you should contact the embassy to get a travel permission as the airline will not understand.
January 2, 2021 at 16:54
I am a DV-2020 winner. I got my visa in September 2020 in Kosovo.
I was supposed to travel in US on 21th of January but with this decision now i cannot travel right?
My visa expires on 18th of March and decision is until 31 March, what should i do?
January 2, 2021 at 17:26
To be clear, you will not be allowed to travel unless your visa was a reissued visa from before April 23. Biden will remove the ban. Wait until then.
January 2, 2021 at 17:21
Thanks a lot to show mi a path in my dv journey , i am 2020 dv winer n September visa holder , yesterday i entered to USA (with my family) . When i arrived @CBP they ask mi if i know the pp10014 is extended or not ? I told them I don’t have any idea because when i board airplane @janury 1st 2:15 am from nepal and I arrived 1st janury noon in USA . After 15 min of waiting i premited to enter
I m so happy n thanks a lot to god n you
God bless you
January 2, 2021 at 18:00
Very cool. Welcome to the USA.
January 2, 2021 at 17:43
Hi Mr Britsimon, i’m very gland toi whrite to toi today i’m si.sorry for m’y english. My name ils akouvi. It is si long Time i follow tours advises which vélo me si much. Now i have a problème ans i am sure you Can Help. Et 1st january a traveled toi New wark ans the immigration has refused to me toi enter, ans the tell me to return toi m’y country with the same air plan which brougth me hier. Now i juste arrived at home, what Can i do now, please i’m waitin for yours advises. Thanks you vert much
January 2, 2021 at 17:59
Wait. That is what you should do. Biden will remove the ban. So wait.
January 2, 2021 at 18:30
Ok thanks you Le Britsimon please must i inform the ambassy that on 1st january i Travel ans the immigration service retournés me!
January 3, 2021 at 05:01
Akouvi where are you from? From Togo? Send me an email [email protected] I need more info. I have family members coming from togo on January 13th
January 2, 2021 at 18:15
Hi dear Brit
I saw you answering people with this “Biden will remove the ban” is it a guess or did Biden said that?
God bless you Mister Brit the great
January 2, 2021 at 18:31
Here is my thought process on that:
To be clear on the current status for DV2020 people with visas (most likely due to expire in March).
Some people have travelled and entered since September. The airlines and even CBP were lax in understanding procedures. That seems to have changed where the pretravel system is telling airlines to not allow people to travel. CBP officers seem to be more clued up to stop cases slipping through. One case I know of was a person that entered the USA shortly after midnight (so early Jan 1), was processed through immigration and then called back to immigration whilst still at the airport. They were then sent back.
So – for now, the chances of entering the USA have pretty much gone, and I suggest that no one tries going through that hassle now. Of course that does NOT include people who had visas re-issued after their pre April 23 visas expired.
Biden will, I strongly believe, remove this extension very soon after inauguration. Why am I so sure? Well partly because he is pro immigration and a smart decent man. He knows unfairness when he sees it and has empathy, intelligence and good judgement. He also listens to advisers. That is all what we normally expect from a President that has been missing for 4 years. He also fundamentally knows that immigration is good to drive an economy. All the new arrivals will be looking for homes, cars, will need to get food, behave normally. They will search for jobs and take what they can get. All those things are good for an economy. He knows that – and will act accordingly.
However, you may not agree with some of my thoughts, so let me explain another way.
Biden has made public on numerous occasions that he plans to remove the Muslim ban on day 1. He is doing that for some of the reasons that I mention above, but mostly because it was an EO rooted in stupidity and bigotry. Biden will not let that be the way we handle the world.
Now if Biden removes the Muslim ban, but were to leave the new extension in place, then removing the Muslim ban would be pointless – right?
So – DV2020 cases with visas. WAIT. That’s all. Just wait.
January 2, 2021 at 18:32
The immigration service took our emprunt and our picture
January 6, 2021 at 16:23
I think you believe too much in Biden, but I am also ready to be surprised.
January 6, 2021 at 17:18
You are probably confused by how government has worked in the past 4 years.
January 9, 2021 at 01:31
Thanks again for your work. Please help me on what to do next. I received this letter.
Dear Gomez Diversity Visa Class Members,
You are receiving this email from the class counsel in Gomez v. Trump because you responded to a call for plaintiffs from BritSimonSays.com or contacted us directly as a DV-2020 selectee and/or an individual acting on their behalf. If you are already represented by an attorney in the Mohammed v. Pompeo, Fonjong v. Trump, Kennedy v. Trump or Aker v. Trump lawsuits, please contact your attorney regarding next steps. If you are a FY2020 Diversity Visa Selectee who did not receive a diversity visa on or before April 23, 2020, you are a class member in the certified Gomez class.
We are writing to provide an update on the Gomez case and recent developments that may affect the class.
On December 31, 2020, President Trump announced an extension of the immigrant visa ban (Presidential Proclamation 10014) and nonimmigrant visa ban (Presidential Proclamation 10052) through March 31, 2021. Under the extension, entry of certain immigrants, including DV-2020 selectees, remains suspended. Thus, for the time being, DV-2020 selectees who have obtained visas or may have the opportunity to obtain a visa will not be allowed to travel to the United States based on a DV visa.
Some consulates, including Kabul, Afghanistan, and Fiji, have incorrectly informed DV-2020 selectees that DV visas are not subject to Presidential Proclamation 10014. This is incorrect – DV visas are subject to the Proclamation. We have reached out to counsel for the government, who has now confirmed that the consulates have corrected this inaccurate information.
On January 20, 2021, Joe Biden will be inaugurated as the next President of the United States. It is possible that the Biden administration will rescind both Proclamations after Biden’s inauguration. At this time, it is impossible to predict if and when the rescission would happen. If the Biden administration does not rescind the Proclamations well in advance of the March 2020 when many visas issued in September are set to expire, Gomez counsel may ask the court for emergency relief, including requesting the reissuance or extension of such visas.
Meanwhile, Judge Mehta has set deadlines for summary judgement in the Gomez case. The government must file its motion for summary judgement on or before January 20, 2021. Plaintiffs must oppose the government’s motion for summary judgment, and file their own summary judgement motion, on or before February 3, 2021. The government then has until February 17, 2021 to oppose and reply to the Plaintiffs’ filing, and Plaintiffs have until March 3, 2021 to reply to the government’s opposition. Summary judgement briefing will be limited to claims regarding the Administrative Procedures Act, mandamus, and related claims concerning visa adjudication and issuance of DV2020 visas.
On January 14, 2021, the D.C. Circuit will hear oral argument in the Gomez plaintiffs’ appeal of the district court’s decision that the Proclamations are not unlawful. If you would like to listen to the argument, the audio will be livestreamed at this link.
Answers to other frequently asked questions about Gomez v. Trump are available here.
American Immigration Lawyers Association, http://www.aila.org
Justice Action Center, http://www.justiceactioncenter.org
Innovation Law Lab, http://www.innovationlawlab.org
Law Office of Laboni A. Hoq
January 9, 2021 at 15:35
Thanks for that. For now, nothing to do, just wait.
January 9, 2021 at 14:26
The International Air Transport Association published the rules of restrictions of entry in the US. The last bullet in the list is devoted to DV visas:
“8. DV-1, DV-2, and DV-3 visas issued after 4 September 2020 are no longer valid.”
Is it possible that the government just suspended our visas without notifying us directly?
The full text of restrictions can be found here
January 9, 2021 at 14:29
No. It’s just a mistake and will be corrected. IATA are not the authority on that.
January 16, 2021 at 16:22
And happy new year.
Does it meant that if the ban is removed those people that haven’t interviewed nor received an email from you, will be carry on for it?
Because I don’t understand you well.
I’m a winner for dv 2020 case Afxxx68xx
Based from Cameroon
January 16, 2021 at 18:20
No it does not mean that. Please read some of what I have already written.