Proclamation? Legally Debatable

Proclamation 9984-Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk

Issued 2020-01-31 by Donald J. Trump

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

On January 30, 2020, President Donald J. Trump issued Proclamation 9984, titled "Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk." This action imposes or modifies tariffs, with a stated rationale related to closing

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 9984-Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk") imposes or modifies tariffs. The stated rationale is: "their citizens by closing off travel between their territories and China." 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, 2020 Proclamation 9984—Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk January 31, 2020 By the President of the United States of America A Proclamation The United States has confirmed cases of individuals who have a severe acute respiratory illness caused by a novel (new) coronavirus ("2019-nCoV") ("the virus") first detected in Wuhan, Hubei Province, People's Republic of China ("China"). The virus was discovered in China in December 2019. As of January 31, 2020, Chinese health officials have reported approximately 10,000 confirmed cases of 2019-nCoV in China, more than the number of confirmed cases of Severe Acute Respiratory Syndrome (SARS) during its 2003 outbreak. An additional 114 cases have been confirmed across 22 other countries; in several of these cases, the infected individuals had not visited China. More than 200 people have died from the virus, all in China. Coronaviruses are a large family of viruses. Some cause illness in people and others circulate among animals, including camels, cats, and bats. Animal coronaviruses are capable of evolving to infect peopl

Read the official documentOpen on GovInfo →