United States – Emergency Motion Filed to Stop Order to Suspend Immigration
US–Emerg. Motion Filed to Stop Order Suspending Immig.
Immigration advocacy groups have filed with a district court for a temporary restraining order to stop implementation of U.S. President Donald Trump’s April 22 proclamation temporary 60-day suspension of certain immigrant entering into the U.S. starting on April 23, 2020.
On April 25, 2020, several immigration advocacy groups filed an emergency motion for a temporary restraining order with the United States District (U.S.) Court to halt the implementation of President Trump’s proclamation to suspend the entry of certain immigrant to the U.S. for a period of 60 days starting on April 23, 2020.1
WHY THIS MATTERS
Although the parties that filed the motion on April 25, 2020, are primarily concerned with protecting immigrant visa applicants who benefit from the Court’s earlier injunction of November 26, 2019, promoting family unification, and preventing children from “aging out” of the U.S. immigration process, all foreign nationals impacted by the presidential proclamation that took effect on April 23, 2020 – including employment-based applicants – would potentially benefit from the requested restraining order.
The motion filed on April 25, 2020, expands on a pending lawsuit challenging the Trump administration’s proclamation of October 4, 2019, which sought to impose health insurance requirements on immigrant visa applicants.2 On November 26, 2019, a U.S. District judge granted a motion for preliminary injunction to prevent the requirements set out in the proclamation of October 4, 2019 from being imposed. 3 That injunction is still in effect.
The motion filed on April 25, 2020, specifically states, “The Court’s existing injunction protects the members of the Visa Applicant Subclass and their rights to have their immigrant visa applications processed without being subject to the additional requirements that the Healthcare Proclamation would impose, against the irreparable harm of prolonged, and possibly indefinite, family separation.” The plaintiffs contend that “As time ticks by, the denial of access to currently available emergency consular processing services endangers these class members’ immigration status and frustrates the relief afforded in this case.” The motion further argues “If members of the Visa Applicant Subclass, including children who face an imminent risk of ‘aging out’ of their preference status, become entirely unable to access consular processing and visa adjudication services – even just for 60 days – their current visa eligibility will be extinguished.”4
Oral arguments related to the motion filed on April 25, 2020, were scheduled to be heard on April 29, 2020.
It should be noted that a temporary restraining order would likely not be granted for a period of more than 21 days, so further legal action would likely be necessary to prevent President Trump’s proclamation from being implemented even if the requested temporary restraining order is granted.
KPMG Law LLP will track this matter closely. We will endeavor to keep readers of GMS Flash Alert informed of any new developments as and when they occur.
1 For related coverage and analysis of President Trump’s proclamation, refer to GMS Flash Alert: 2020-198 (April 27, 2020).
2 For related coverage of President Trump’s October 2019 health insurance proclamation, refer to GMS Flash Alert: 2020-153 (October 8, 2019).
3 A copy of the decision dated November 26, 2019 imposing the injunction may be viewed here (PDF 1.4 MB).
4 A copy of the motion filed can be viewed here.
* Please note that KPMG LLP (U.S.) does not provide any immigration services or legal services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
To subscribe to GMS Flash Alert, fill out the subscription form.
We respectfully acknowledge that KPMG offices across Turtle Island (North America) are located on the traditional, treaty, and unceded territories of First Nations, Inuit and Métis peoples.
© 2023 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.
For more detail about the structure of the KPMG global organization please visit https://kpmg.com/governance.
GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.
Connect with us
- Find office locations kpmg.findOfficeLocations
- Social media @ KPMG kpmg.socialMedia
Stay up to date with what matters to you
Gain access to personalized content based on your interests by signing up today