Proclamation 10052-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
Issued 2020-06-22 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On June 21, 2020, President Donald J. Trump issued Proclamation 10052, an executive action that suspends the entry of certain immigrants and nonimmigrants into the United States. This proclamation also imposes or modifies tariffs. Specifically, it targets individuals seeking entry through programs like the H-1B, H-2B, J, and L nonimmigrant visas, building on a previous action that suspended the entry of immigrants.
This action primarily affects foreign nationals who would otherwise enter the U.S. as immigrants or temporary workers, including their spouses and children, who might compete for jobs. It also aims to protect unemployed Americans from competition for scarce jobs during the economic recovery following the 2019 Novel Coronavirus outbreak.
The proclamation was issued at a time when the U.S. unemployment rate had nearly quadrupled between February and May of 2020, reaching 13.3 percent overall, with particularly high rates for young Americans. The President stated that the entry of these workers posed a risk of displacing American workers during this period of high unemployment and economic disruption. The constitutional basis for this proclamation is a point of discussion, as actions of this magnitude, which make significant economic policy unilaterally, raise questions about the separation
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation ("Proclamation 10052-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") imposes or modifies tariffs. The stated rationale is: "unemployed Americans from the threat of competition for scarce jobs from new lawful permanent residents, the considerations present in Proclamation 10014 remain." Under Article I, Section 8, Congress holds the power to "regulate Commerce with foreign Nations" and to "lay and collect Duties." However, Congress has delegated significant tariff authority to the President through statutes like Section 232 of the Trade Expansion Act (national security tariffs) and Section 301 of the Trade Act (unfair trade practices).
The constitutional question is the scope of that delegation. Courts have historically upheld broad presidential trade actions under these statutes. But sweeping tariff measures that effectively rewrite trade policy — affecting billions in commerce — raise non-delegation doctrine concerns. When the executive branch makes economic policy of this magnitude unilaterally, it sits at the edge of the separation of powers.
Official Summary
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