Proclamation 9931-Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Venezuela's Democratic Institutions
Issued 2019-09-25 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
On September 25, 2019, President Trump issued a proclamation that suspends and restricts the entry of certain Venezuelan individuals into the United States. This action targets senior members of the Maduro regime and others who are involved in policies or actions that undermine Venezuela's democratic institutions or prevent the restoration of constitutional government. The proclamation specifically applies to ministers and other senior officials in the Maduro regime, Venezuelan military, police, or National Guard officers at the rank of Colonel or above, members of Venezuela's National Constituent Assembly, and others who act on behalf of or support the regime's efforts. It also covers people who gain significant financial benefit from business dealings with these individuals, as well as their immediate family members.
The proclamation grants authority to the Secretary of State to identify which specific persons are covered by these restrictions. The suspension is not intended to apply to those who stop these actions and take concrete steps to help return Venezuela to a functioning democratic country. President Trump issued this proclamation citing his authority under the Immigration and Nationality Act and found that unrestricted entry of these individuals would be detrimental to U.S. interests.
This action affects Venezuelan government officials and their associates who may seek to enter the United States as either immigrants or temporary visitors. The proclamation represents the administration's response to what it describes as an ongoing political and humanitarian crisis in Venezuela due to the failure of the Maduro regime to support the rule of law.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation ("Proclamation 9931-Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Venezuela's Democratic Institutions") imposes or modifies tariffs. The stated rationale is: "Categories: Proclamations : Venezuela, persons threatening democratic institutions, suspension of U." 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
Administration of Donald J. Trump, 2019 Proclamation 9931—Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Venezuela's Democratic Institutions September 25, 2019 By the President of the United States of America A Proclamation There remains a political and humanitarian crisis in Venezuela due to the continued failure of Nicolas Maduro, Maduro regime officials, and others to support the rule of law. Given the importance to the United States of fostering the functioning of constitutional government and democratic institutions in Venezuela, I have determined that it is in the interest of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of senior members of the regime of Nicolas Maduro and others described in this proclamation who formulate, implement, or benefit from policies or actions that undermine or injure Venezuela's democratic institutions or impede the restoration of constitutional government to Venezuela. This suspension is not intended to apply to those who cease these actions and who take concrete steps to help return Venezuela to a functioning, democratic country. Now, Therefore, I, Donald J. Trump, by the autho