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Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

Potential Presidential Proclamation on CCP Travel Ban

| Sep 7, 2020 | Consular Process, Travel Bans |

In continuation with the fast-paced actions the Trump administration has been taking against immigration, the administration is considering a blanket ban against members of the Chinese Communist Party, a party whose membership ranges in the tens of millions. The speculated ban expands upon a previous Presidential Proclamation announced in June that was designed to target Chinese postgraduates that are suspected of being involved in the Chinese government’s “military-civil fusion strategy.” To read about that ban, follow this link: https://www.francislawcenter.com/blog/2020/06/49891/.

While not every Chinese is a member of the Chinese Communist Party (CCP), the party has been traditionally used to move up in society, affecting every facet of Chinese society. A vast majority of the members of the CCP do not even participate in policymaking and are more so members of the party in its ideology. Because of that, critics of this speculated ban are saying it is too harsh to punish uninvolved people.

So, what does this mean for the average Chinese person trying to come to the United States? Obviously, such a ban means anyone affiliated with the CCP will not be allowed into the United States. Anecdotally Chinese people do not recall being asked about their affiliations with the party, although that would change under this ban. USCIS and relevant immigration organizations will most certainly look more closely to see if you are related to the CCP, however, tracking that may be difficult due to the sheer number of people affiliated with the party. Instead of targeting the entirety of the CCP, there are reports that the administration may only ban high-ranking members of the CCP such as those of the Politburo, the top body in policy making in China. At this point, there is nothing concrete, so this will certainly be a developing story.

This information is intended to educate and should not be taken as legal advice.
Written by Francis Law Center Staff Andrew Lee

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