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Biden Voids Trump Order Barring Green Card Holders’ Entry (1)

Feb. 24, 2021, 11:55 PM; Updated: Feb. 25, 2021, 12:44 AM

President Joe Biden has issued a proclamation rescinding an immigration ban implemented by the Trump administration ostensibly to protect American jobs in the face of the pandemic-caused economic downturn.

Biden issued the edict Wednesday, noting that the Trump ban didn’t “advance the interests of the United States.”

“To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here,” Biden said. “It also harms industries in the United States that utilize talent from around the world.”

The executive action undoes a proclamation signed in April by President Donald Trump which barred entry to the U.S. for green card applicants. Biden also called upon the secretaries of State, Labor, and Homeland Security to review any regulations, orders, guidance documents, policies, and other agency actions developed pursuant to the April proclamation and revise, as appropriate.

A second proclamation signed by Trump two months later, which expanded his prior decree to include H-1B and H-4 visas, which are used by workers in specialty occupations and their families, as well as L visas for intracompany transfers and most J visas for work- and study-abroad programs, remains in place now, except for that portion extending the April proclamation.

On Dec. 31, the now-former president extended both measures until the end of March.

Injunction in Effect

Some groups succeeded in blocking both bans through federal court litigation.

Judge Jeffrey S. White from the U.S. District Court for the Northern District of California on Oct. 1 granted a preliminary injunction in a lawsuit brought by several large business groups, including the National Association of Manufacturers and the U.S. Chamber of Commerce, which had argued Trump exceeded his authority by imposing immigration restrictions in his June 22 proclamation.

The Trump Justice Department appealed that ruling. Oral argument at the San Francisco-based U.S. Court of Appeals for the Ninth Circuit is scheduled for Feb. 18.

(Adds instructions given by Biden to secretaries of State, Labor and Homeland Security. An earlier version was corrected to reflect that the new president rescinded just that part of his predecessor's June proclamation that extended the April edict.)

To contact the reporter on this story: Genevieve Douglas in Washington at gdouglas@bloomberglaw.com

To contact the editors responsible for this story: Martha Mueller Neff at mmuellerneff@bloomberglaw.com; Andrew Harris at aharris@bloomberglaw.com; Meghashyam Mali at mmali@bloombergindustry.com

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