Subsequent Trump-Era and Court Action(s)

• June 29, 2020

  Proclamation on Amendment to Proclamation 10052

  On June 29, 2020, the President issued an amendment to the June 22 travel ban, amending its general provisions and adding some specificity regarding applicable nonimmigrant visas.

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• July 17, 2020

  Amended Complaint

  On July 17, 2020, the American Immigration Lawyers Association (AILA), Justice Action Center (JAC), and Innovation Law Lab filed an amended complaint in Gomez v. Trump on behalf of family-based immigrant visa petitioners, diversity visa 2020 lottery winners, and nonimmigrant employment-based visa sponsors, challenging President Trump’s April and June 2020 proclamations which effectively stopped almost all immigration to the United States.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• September 30, 2020

  Gomez v. Trump (D.D.C. 1:20-cv-01419)

  On September 30, 2020, the District Court for the District of Columbia issued a memorandum opinion and amended its September 4 order requiring the government to process Diversity Visa selectees. The amended order requires the State Department to reserve "9,095 diversity visas that the [Department] reasonably and realistically could have issued after March 20, 2020, through the end of the fiscal year," in order to avoid their expiration at the end of the fiscal year. The case is Gomez v. Trump (D.D.C. 1:20-cv-01419).

  On September 4, 2020, the District Court for the District of Columbia had ruled that DOS must make good-faith efforts to expeditiously adjudicate DV-2020 diversity visa applications by September 30, 2020.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• October 1, 2020

  Order Granting Preliminary Injunction - National Association of Manufacturers v. DHS

  On October 1, 2020, the District Court for the Northern District of California issued a limited preliminary injunction blocking DOS and DHS from enforcing the Trump administration’s June 22 proclamation. The injunction is not nationwide in scope and benefits only the plaintiffs and organizations that are members of the plaintiff trade groups. The case is National Association of Manufacturers et al. v. Department of Homeland Security.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• November 18, 2020

  November 2020 Compliance Order in NAM v. DHS

  The District Court for the Northern District of California issues an order in National Association of Manufacturers clarifying the Department of State's obligations with respect to identifying who is encompassed as a class member under the court's October 1 order in the case.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• November 20, 2020

  Revised guidance for the Court Order in NAM v. DHS

  The Department of State issues revised guidance to implement the court order in National Association of Manufacturers v. Department of Homeland Security. The guidance clarifies which visa applicants are considered class members, provides details on appointment scheduling and adjudication at posts where regional COVID proclamations are in effect, and provides for national interest exceptions to Presidential Proclamation 10052 for class members.

  On November 18, the District Court in the Northern District of California had issued a court order in National Association of Manufacturers clarifying its October 1 order in the case. The October 1 order enjoined the Trump Administration from preventing nonimmigrant workers on H-1B, H-2B, L-1, and J-1 visas from entering the United States. The November 18 order clarifies the Department of State's obligations with respect to the October 1 order.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• December 31, 2020

  Proclamation on Suspension of Entry of Immigrants and Nonimmigrants who Continue to Present a Risk to the United States Labor Market

  President Trump extends the expiration date of Proclamation 10052 to March 31, 2021.

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• December 10, 2021

  Notice of Appeal - Gomez v. Biden

  On December 10, 2021, the Biden administration filed a notice of appeal to the D.C. Circuit, seeking to challenge the October 13, 2021 decision of the District Court for the District of Columbia which ordered the State Department to process 9,095 visas reserved for members of the Gomez class by September 30, 2022. (The case is now known as Gomez v. Biden (D.D.C. 1:20-cv-01419).

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• June 25, 2024

  Goodluck v. Biden, No. 21-5263 (D.C. Cir. June 25, 2024)

  In Goodluck v. Biden, No. 21-5263 (D.C. Cir. June 25, 2024), the U.S. Court of Appeals for the District of Columbia Circuit reversed multiple consolidated district court decisions (including Gomez v. Biden) that had ordered the Department of State to process and issue diversity visas (DVs) originally suspended under Proclamation 10014 (and subsequently extended by Proclamation 10052 in 2020 and 2021).

  The Court held that the district courts lacked authority to order this relief because the governing statute precludes issuance of DVs after the end of the fiscal year in which eligibility occurred. The Court then declined to reach issues related to the legality of the original proclamation or of State Department policies implementing the proclamation.

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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