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President Donald Trump’s administration has asked the U.S. Supreme Court to allow it to move forward with terminating the temporary protected status (TPS) designation for Haitian nationals while litigation challenging that decision continues in the lower courts. This development may have implications for thousands of Haitian nationals currently living and working in the United States.

Background on Haiti TPS

TPS is a U.S. immigration program that allows nationals of certain countries facing armed conflict, natural disasters, or other extraordinary conditions to remain in the United States temporarily. Individuals granted TPS may receive protection from removal and authorization to work in the United States for the duration of the designation.

Haiti has been designated for TPS multiple times due to ongoing instability and humanitarian concerns following the devastating 2010 earthquake and subsequent crises.

Court Rulings Have Temporarily Blocked Termination

In November 2025, the Department of Homeland Security announced plans to terminate Haiti’s TPS designation. The termination was scheduled to take effect on Feb. 3, 2026.

However, shortly before the program was set to expire, a federal district court issued an order blocking the termination. The court ruled that the protections should remain in place while the legal challenge proceeds.

The government appealed the ruling, but the U.S. Court of Appeals for the District of Columbia Circuit declined to lift the lower court’s order. As a result, TPS protections for Haitian nationals remain in effect for now.

Administration Seeks Emergency Relief from the Supreme Court

Following the appellate court’s decision, the administration filed an emergency request with the Supreme Court. The government argues that the authority to designate or terminate TPS lies with the executive branch and that the courts should not interfere with those determinations.

Through its request, the administration is asking the Supreme Court to allow the termination of Haiti’s TPS designation to proceed while the underlying lawsuit continues.

What This May Mean for Haitian TPS Holders

At present, Haitian nationals who hold TPS continue to maintain:

  • Protection from deportation;
  • Valid employment authorization; and
  • Lawful presence under the TPS designation

These protections remain in effect because the district court’s order blocking the termination currently remains in place.

However, if the Supreme Court grants the administration’s request, the government might proceed with ending TPS protections before the legal case is fully resolved.

Takeaways for Haiti TPS Holders

The Supreme Court may decide whether to grant the administration’s emergency request soon. If the Court allows the termination to proceed, Haitian TPS holders may face significant changes to their immigration status.

Given the uncertainty, Haitian nationals currently holding TPS should consider consulting with experienced immigration counsel to explore possible immigration options.

Recent developments reflect a coordinated policy shift toward increased executive control over H-1B entry and a structural prioritization of higher-wage positions in the annual H-1B cap process. Both developments remain subject to ongoing and potential litigation. In addition to those updates, the immediate impact of a September 2025 presidential proclamation requiring employers to pay a fee for filing an H-1B visa petition is narrower than some have assumed.

DC District Court Upholds Presidential Authority Under INA § 212(f)

In a recent decision in Chamber of Commerce v. U.S. Department of Homeland Security, the U.S. District Court for the District of Columbia upheld a presidential proclamation imposing a $100,000 fee on certain H-1B visa applicants, relying on the president’s broad authority under the Immigration and Nationality Act (INA) § 212(f) to condition the entry of nonimmigrants when deemed to be in the national interest.

Although the case was resolved on cross-motions for summary judgment, the court did not approach the matter as a conventional, fact-intensive Administrative Procedure Act challenge.

Instead, the court framed the dispute as one involving presidential authority and applied a deferential standard of review drawn from Trump v. Hawaii. Under this framework, the court expressly declined to weigh competing economic evidence regarding the H-1B program. The court accepted assertions in the proclamation concerning U.S. worker displacement and labor-market effects at face value and did not evaluate or resolve plaintiffs’ contrary evidence and policy arguments.

The court’s analysis focused on whether Congress, through INA § 212(f), delegated sufficiently broad authority to the president to impose conditions on entry. The court did not assess whether the proclamation accurately described the statutory structure or historical purpose of the H-1B program itself. Once it concluded that such authority existed, the court required only a rational connection between the proclamation’s stated objectives and a legitimate governmental interest.

Limitations on the Proclamation’s Scope

While the court’s decision has generated attention from stakeholders, the current proclamation applies in a limited set of circumstances. President Donald Trump’s administration issued the proclamation on Sept. 19, 2025, and it became effective on Sept. 21, 2025. It applies only to H-1B visa applicants seeking entry from outside the United States and only to cases filed on or after Sept. 21, 2025. It does not apply to change-of-status filings within the United States, H-1B extensions, amendments, or transfers for individuals already in H-1B status, or cap-exempt H-1B petitions. As a result, some employers and H-1B workers will not be directly affected.

Litigation Remains Ongoing

The D.C. court decision may not be the final word on the $100,000 fee. Two additional federal lawsuits challenging the fee remain pending in other jurisdictions, and the Chamber of Commerce has decided to appeal the D.C. court’s decision. These proceedings may result in further clarification—or potential limitation—of executive authority in this area. Accordingly, the legal framework governing the fee remains unsettled, and future court rulings may impact its implementation or scope.

DHS Finalizes Wage-Based Weighted Selection Rule for H-1B Cap Registrations

Separately, the Department of Homeland Security (DHS) has finalized a wage-based weighted selection system for H-1B cap-subject registrations, effective beginning with the FY 2027 registration season. This rule replaces the long-standing random lottery with a system that increases selection odds for higher-wage positions. Under the final rule, registrations tied to Level IV wages will be entered into the selection pool four times, Level III wages three times, Level II wages twice, and Level I wages once.

At the registration stage, employers must disclose the SOC code, area of intended employment, and the highest Occupational Employment and Wage Statistics (OEWS) wage level met or exceeded by the offered wage. For positions involving multiple worksites, the lowest applicable wage level must be used. Wage levels are locked in at the time of registration and must match the subsequently filed petition.

DHS Response to Public Comments

Despite receiving 2,731 public comments, DHS finalized its rule without modifying the regulatory text. The agency rejected requests for exemptions or alternative selection methodologies, emphasizing administrative feasibility, statutory discretion, and policy objectives. DHS concluded that entry-level positions would retain meaningful—though reduced—selection chances; that carve-outs for small businesses, specific industries, or U.S. degree holders would undermine the rule’s goals; and that OEWS wage levels already account for geographic and occupational variation. DHS also emphasized that cap-exempt programs continue to address health care and rural workforce needs.

Projected Selection Outcomes

DHS estimates that under the weighted system, Level I registrations will have an approximate 15.29% chance of selection, compared to 30.58% for Level II, 45.87% for Level III, and 61.16% for Level IV. By comparison, the historical random lottery produced an average selection rate of approximately 29.59% across all wage levels.

Potential for Litigation Challenging the Weighted Selection Rule

Although finalized, the wage-weighted selection rule may also face judicial challenges. Potential claims may include arguments that the INA requires random selection among properly filed petitions, that DHS exceeded its statutory authority, or that the rule violates the Administrative Procedure Act. Any resulting litigation may delay the implementation of DHS’s rule, result in injunctions, or require further agency action.

Practical Takeaways for Employers

Employers may need to avoid over-generalizing the reach of the proclamation, which applies only to certain consular-processed H-1B cases filed on or after Sept. 21, 2025. At the same time, employers should consider planning for continued uncertainty, as both the $100,000 fee and the wage-weighted lottery remain subject to ongoing and potential future litigation. Wage strategy and registration accuracy will be critical if the weighted system proceeds as scheduled, and employers may wish to explore alternative visa options and cap-exempt pathways as part of their FY 2027 workforce planning.

Takeaways

Taken together, these developments reflect an administration-wide emphasis on reshaping the H-1B program through executive authority and regulatory design, particularly at the points of entry and selection. At the same time, multiple legal challenges remain active, and further judicial review may occur.

In recent days, interest has increased around a proposed new immigration initiative known as the “Trump Gold Card” or “Trump Card Visa,” announced by President Donald Trump and promoted via his campaign platforms and a newly launched website. However, although there is a website, there has been no official legal action taken, either administratively or legislatively, to implement a “Trump Gold Card” or “Trump Card Visa” program.

Gold Card Website and Registration Form

The recently launched site, trumpcard.gov, allows individuals, businesses, and others to register their interest in the Gold Card concept. The site collects basic information—such as your name, geographic region, and whether you are signing up for yourself or someone else—and promises to notify registrants “the moment access opens.”

Importantly, this is not an application for a visa, but rather a mailing list to track interest. The site does not provide a legal framework or guidance regarding immigration eligibility, processing timelines, or the legal status of the proposed visa.

New Visa Process Would Require Legislation

While Trump has suggested that the Gold Card could provide benefits similar to those of a green card, including a path to permanent residence, creating a new immigrant visa category would require an act of Congress. At this time, no legislation has been introduced that would authorize the Gold Card or define its requirements, benefits, or limitations.

The Trump administration has suggested that the program might expedite or enhance pathways for wealthy individuals who are willing to invest heavily in the United States. However, offering immigration benefits—particularly exemptions from global tax obligations or expedited citizenship—without Congressional action would likely face legal challenges.

Potential Impact of the Gold Card on EB-5

Speculation has arisen that the Gold Card could replace or supplement the existing EB-5 Immigrant Investor Program, which currently allows foreign nationals to obtain green cards by investing between $800,000 and $1.05 million into U.S. job-creating projects. However, significantly revising or replacing the EB-5 program would require new legislation, regulatory guidance, and agency implementation, and it may be too soon to speculate on the Gold Card’s future.

Those interested in being included in the Gold Card interest database or exploring other established investor visa options should consult with experienced legal counsel.

The second Trump administration has moved quickly to implement its campaign promises on immigration, issuing a series of executive orders aimed at tightening border security, curbing illegal immigration, and enhancing interior enforcement. Florida Gov. Ron DeSantis has announced complementary legislative proposals for his state, positioning Florida as a key player in supporting these federal efforts.

Highlights of the New Executive Orders

  1. National Emergency Declaration at the Southern Border

President Trump declared a national emergency to mobilize the U.S. military, expedite border wall construction, and bolster surveillance through drones and advanced technology. This measure aims to deter illegal crossings and improve border integrity.

  1. Designation of Drug Cartels as Foreign Terrorist Organizations

The administration has classified drug cartels as “foreign terrorist organizations.” This designation will facilitate more robust measures against their operations and may influence broader immigration enforcement actions.

  1. End of Humanitarian Parole Programs

The administration continues to affirm plans to terminate programs that had provided legal pathways for migrants from countries like Cuba, Haiti, Nicaragua, and Venezuela, as well as similar programs for Afghans, Ukrainians, and other groups. This signals a shift away from temporary humanitarian admissions and toward stricter immigration controls.

  1. Changes to Asylum and Refugee Policies

The executive orders aim to end “catch and release” practices and significantly restrict asylum rights, reducing the ability of migrants to seek protection upon arrival. These measures may face legal challenges claiming they are inconsistent with existing U.S. and international law.

Additionally, the administration intends to suspend the refugee resettlement program for four months. The refugee resettlement program has, for several decades, allowed hundreds of thousands of people fleeing war and persecution to come to the United States. President Trump similarly suspended the refugee program at the beginning of his first term, and, after reinstating it, significantly reduced the number of refugees admitted annually.

  1. Enhanced Interior Enforcement

Key actions include reinstating the “Remain in Mexico” policy, expanding the 287(g) program—which deputizes state and local officials as federal immigration enforcement agents—and issuing financial penalties to sanctuary cities that do not cooperate with federal immigration authorities. Both actions reflect the Trump administration’s campaign promise to crack down on illegal immigration and carry out mass deportations.

  1. End Birthright Citizenship

One of the key announcements is the effort to end birthright citizenship—one of President Trump’s most ambitious immigration efforts. Birthright citizenship ensures that anyone born in the United States automatically becomes an American citizen. Trump’s effort to end it is expected to face legal challenges.

  1. Reaffirming the 2017 ‘Buy American and Hire American’ Executive Order in the America First Trade Policy

During the first Trump Administration the government was directed to focus on ensuring that policies favored domestic workers. This has ramifications in business immigration policy and workplace enforcement.

Florida’s Role in Supporting Federal Immigration Goals

Gov. DeSantis has proposed legislation designed to align Florida’s state policies with the Trump administration’s federal immigration priorities. These include:

  • Maximum Participation in the 287(g) Program: Florida will mandate compliance from local officials, imposing penalties for non-compliance.
  • State Crime for Illegal Entry: The legislation creates a state offense for illegal entry, coupled with a self-deportation mechanism.
  • Unauthorized Alien Transport Program (UATP): Expansion of this program will facilitate the detention and deportation of unauthorized individuals.
  • Repeal of In-State Tuition for Undocumented Students: This move underscores a stricter approach to benefits extended to unauthorized residents.
  • Voter Registration Reforms: Measures will ensure identity verification and impose severe penalties for voter fraud.
  • Restrictions on Financial Transfers: New rules will require identity verification for foreign remittance transfers, aiming to reduce potential misuse.

Implications and Challenges

These sweeping changes represent a hardline stance on immigration and signal a shift toward aggressive enforcement measures. However, these policies are expected to face legal and logistical challenges:

  • Legal Challenges: Immigration and civil rights organizations are likely to challenge the restrictions on asylum, the national emergency declaration, and other measures.
  • Operational Coordination: Effective implementation of expanded 287(g) programs and deportation initiatives will require coordination between federal, state, and local agencies.

The Biden administration has revoked Presidential Proclamation 9945 of October 4, 2019 – Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Availability of Healthcare Benefits for Americans (PP 9945).

PP 9945 was issued by the Trump administration and intended to suspend the entry of immigrants found to be a financial burden on the U.S. health care system. Per the proclamation, outside of very limited exceptions, individuals applying for an immigrant visa, including a diversity visa (i.e., the green card lottery), on or after Nov. 3, 2019, must demonstrate to the consular officer at the time of immigrant visa interview that they will be covered by approved health insurance within 30 days of their entry into the United States or have the financial resources to pay for reasonably foreseeable medical costs. Under the Proclamation, inability to meet this requirement will result in the denial of the immigrant visa application.

President Biden revoked Proclamation 9945 on May 14, 2021, on the grounds that it “does not advance” the interests of the U.S. in creating a more welcoming and inclusive environment for noncitizens. Additionally, President Biden has stated that Proclamation 9945 is also in tension with the policy set forth in section 1 of Executive Order 14012, issued on Feb. 6, 2021, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

President Biden also stated that the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Homeland Security will review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 9945 and, as appropriate, issue revised guidance consistent with the policy set forth in this proclamation.

The Biden administration has revoked Presidential Proclamation 10014 of April 22, 2020 -Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak (PP 10014).

PP 10014 was intended to stop the issuance of immigrant visas at embassies and consulates abroad in order to protect the U.S. labor market; however, it contained many notable exemptions. Exempt from PP 10014’s restrictions included immigrants with valid visas, those seeking to enter the United States in certain medical professions, EB-5 visa holders, immediate relatives of U.S. citizens, members of the U.S. armed forces and their immediate relatives, and those whose entry was deemed to be in the national interest, among others.

It is not clear whether PP 10014 has actually protected the U.S. labor market, given that by law the majority of employment-based immigrants must satisfy a labor market test or have shown such a test is unwarranted (i.e., extraordinary ability, national interest waivers or multinational managers). As the Biden administration noted in its presidential proclamation, PP 10014 appeared mostly to harm the United States by preventing certain family members of U.S. citizens and lawful permanent residents from entering the country. In that manner, PP 10014 served to function as a ban on family-based immigration and diversity visas. The U.S. immigration system was constructed by Congress to favor family-based immigration, and PP 10014 overturned that careful construction, leading some to believe that the Trump administration was using the pandemic as a pretext to push through an anti-immigrant agenda. Diversity visa winners were forced to sue in federal court for the right to utilize their lawfully obtained benefit to immigrate and have recently seen their visa expiration dates extended at the U.S. district court level.

While this will be a welcome step by many, it may not satisfy immigration advocates’ expectations of a full rollback of the Trump administration’s pandemic-related immigration restrictions. The Biden administration has not revoked Presidential Proclamation 10052 of June 22, 2020 – Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak (PP 10052), which has restricted the issuance of H-1B, H-2B, J and L visas from abroad. PP 10052 has also been subject to litigation and was enjoined at the U.S. district court level; however, that ruling was restricted to the plaintiff organizations and their members. This effectively limited the injunction to members of the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, TechNet, and Intrax, Inc.

In addition to PP 10052, the Biden administration has also continued the Trump administration’s suspension of the entry of certain travelers who spent any part of the 14-days prior to entry in the Schengen Area, United Kingdom, Republic of Ireland and Brazil. These restrictions overlap with the CDC requirement that all travelers to the U.S. obtain a viral test within three days of flight departure, leading some to find that the suspension of entry should be reconsidered.

Lastly, the final challenge to restoring the U.S. immigration system will be the restoration of routine visa services at embassies and consulates worldwide. Since the pandemic began, many embassies and consulates have completely shut down or severely restricted visa processing, both for immigrant and nonimmigrant visas. While these restrictions are largely pandemic-related and are in place with good reason, they have the effect of stymieing lawful immigration, as most foreigners who require a visa to enter the United States cannot obtain one, and therefore, cannot enter the country. This shadow ban on immigration affects all applicants, including family-based and employment-based immigrant and nonimmigrant visa holders. It is also the most inconsistent, as visa applicants are at the mercy of the operations of the consulate or embassy with jurisdiction over their foreign country of residence. Some embassies, like London, have severely restricted visa processing, while others, like Panama, are processing certain immigrant and nonimmigrant categories. In another example, the Amsterdam Embassy recently switched to only providing emergency nonimmigrant visa services despite the in-country case average hovering near its rate from October, a time when the embassy had expanded services. Visa applicants generally cannot shop around, as most embassies and consulates restrict processing at their location to residents of the jurisdiction they cover and, if they could apply at a different embassy or consulate, would have to pay a new visa fee.

While it is generally believed that the Biden administration will ultimately also revoke PP 10052 and resume routine consular operations worldwide (with appropriate pandemic-related measures), those actions cannot come soon enough for immigrants caught in limbo, many of whom are separated from loved ones or unable to start work.

On Jan. 18, 2021, President Trump issued a Presidential Proclamation terminating his previous Presidential Proclamations restricting travel from certain Schengen areas (Proclamation 9993), UK/Ireland (Proclamation 9996), and Brazil (Proclamation 10041). President Trump cites recent developments in the battle against COVID-19, including the CDC requiring negative COVID-19 tests for all air passengers entering the United States from a foreign country, and cooperation from the countries listed above. President Trump had also issued Presidential Proclamations banning travel from China and Iran, and the restrictions from those countries have not been lifted.

The terminations for the three Proclamations will be effective at 12:01 a.m. EST on Jan. 26, 2021. There are, however, expectations that President-elect Joe Biden, once he takes office, will delay the termination for a few weeks until there is a better understanding from his administration on how the U.S. is faring vis-à-vis COVID-19.

Late on Dec. 31, the Trump administration issued a proclamation that has the effect of extending the duration of two proclamations from 2020 that restricted immigrant and non-immigrant visa issuance at U.S. consulates and embassies worldwide. Proclamation 10014 of April 22, 2020, restricted issuance of immigrant visa for 60 days; Proclamation 10052 of June 22, 2020, restricted issuance of certain non-immigrant visas (L-1/L-2, H-1B/H-2B/H-4, certain J-1/J-2 visas) and extended the ban on issuance of immigrant visas until Dec. 31, 2020. As justification for New Year’s Eve proclamation extending the effective date of the earlier proclamations for 90 days, the administration cited the continuing impact of COVID-19 on the U.S. labor market, including the high rate of unemployment in the U.S. The effective date may be extended beyond March 31 if deemed necessary. The U.S. District Court for the Northern District of California has enjoined the implementation of Proclamation 10052 for employers who are members of the Chamber of Commerce, the National Association of Manufacturers,  and the other plaintiff associations. The proclamations may also be rescinded by the incoming Biden administration after it takes office on Jan. 20.

See previous GT blog posts on these proclamations.

As you may have read, many media outlets and other sources are reporting that the Trump Administration plans to issue an additional Proclamation or Executive Order (EO) in the coming weeks that may suspend the entry of foreign employees or the issuance of nonimmigrant visas at U.S. Embassies and Consulates anywhere from 60 to 180 days.  The visa categories that are likely to be affected are H, L,  and J.  Furthermore, there are also many reports that the Trump Administration may end or shorten the OPT and/or STEM EAD programs through additional regulatory changes.  We do not have any concrete information and cannot confirm if or when any of these changes may occur.  However, as we have reported previously, the President did request the DOL, DHS, and DOS in his April 2020 Proclamation to provide additional measures on how to protect U.S. workers; therefore, it will not be a great surprise if further measures are enacted to restrict immigration.

On May 29, 2020, President Trump issued a proclamation (the “Proclamation”) suspending entry of citizens of the People’s Republic of China (“PRC”) who meet both of the following criteria: (A) the individual is seeking to enter the U.S. on F or J nonimmigrant status; and (B) the individual has an association with an entity in the PRC that implements or supports the PRC’s “military-civil fusion strategy” (a “PRC Military Entity”): (i) the individual has received or currently receives funding from a PRC Military Entity; (ii) the individual has been employed or is currently employed by a PRC Military Entity; (iii) the individual studied or currently studies at a PRC Military Entity; (iv) the individual has conducted research on behalf of or currently conducts research on behalf of a PRC Military Entity; or (v) the individual has conducted research at or currently conducts research at a PRC Military Entity

Similar to other proclamations the Trump administration has issued recently regarding immigration, the Proclamation contains a number of exceptions. Chiefly, the Proclamation provides an exception for students pursuing undergraduate study, and therefore it will generally affect graduate students and doctoral researchers. Additionally, the Proclamation excepts the following individuals, among others as more fully defined in the Proclamation:

  1. Spouses of U.S. citizens or lawful permanent residents (i.e. green card holders);
  2. Any individual who is a member of the U.S. Armed Forces;
  3. Any individual who is a spouse or child of a member of the U.S. armed forces;
  4. Any individual whose entry would be in the national interest or would further law enforcement objectives; and
  5. Any individual who is studying or conducting research in a field involving information that would not contribute to the PRC’s military‑civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security, in consultation with the appropriate executive departments and agencies (agencies);

The exception for individual’s studying or conducting research in a field involving information that would not contribute to the PRC’s military‑civil fusion strategy appears to provide wide discretion for the Secretary of State and the Secretary of Homeland Security to except individuals from this proclamation. The Proclamation does not define “military-civil fusion strategy.” Secretary of State Michael R. Pompeo has previously described it as “technology-seeking” by the Chinese military and also “the ruthless acquisition and systematic diversion to military purposes of technologies such as artificial intelligence, quantum computing, aviation and aerospace, Big Data applications, and civil nuclear power.” Therefore, entities with ties to the Chinese Military may be considered by the U.S. government to be PRC Military Entities, and any individual who falls under the association categories listed above may be subject to the Proclamation.

To implement the Proclamation, the president has directed the Secretary of State or his designee to establish standards and procedures to identify individuals subject to this Proclamation. The practical effect of this direction may be enhanced scrutiny of F and J visa applicants who hold PRC citizenship. While the terms of the Proclamation may appear narrow, the additional documentation burdens and challenges that the Secretary of State may create by implementing the Proclamation could potentially have a chilling effect with respect to PRC citizens seeking F and J visas, regardless of whether they fall under the terms of the Proclamation. As such, the Proclamation may lead to a reduction in the number of PRC citizens who attempt to study in the United States; there are currently over 350,000 such students.  A decline in that number would likely result in a negative economic impact on the U.S., as the economic impact of citizens of the PRC studying in the U.S. and their families was recently estimated by the NAFSA: Association of International Educators that economic impact at $13 billion.

 

As part of the implementation, the Secretary of State is also directed to consider whether any citizens of the PRC currently in the United States would be subject to the Proclamation and should have their visas revoked. This may affect PRC citizens currently living and working in the United States on F or J visa status, as well as their employers, if any, and the schools they attend. The Proclamation also directs the Secretary and State and Homeland Security to review other nonimmigrant and immigrant visa programs to determine if they pose a risk with respect to the PRC’s acquisitions of sensitive U.S. technologies and intellectual property, and to take action generally to further mitigate any risks posed by the PRC’s acquisitions of sensitive U.S. technologies and intellectual property. Similarly, the Secretary and State and Homeland Security are directed to consider issuing updated regulations and guidance regarding the inadmissibility of individuals seeking entry to the United States who are or have been a member of the Communist or any other totalitarian party.

The Proclamation is effective at noon on June 1, 2020, and has no expiration date. As with other proclamations, nothing in the Proclamation limits the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.