Suspension of Entry as Immigrants and Nonimmigrants of Persons Enabling Corruption

This proclamation suspends entry into the United States, as immigrants or nonimmigrants, of persons who enable or facilitate significant corruption—including money laundering and obstruction of justice—and their immediate family members. The Secretary of State has sole discretion to identify covered individuals, with implementation shared between State (visas) and Homeland Security (entry), and includes exceptions for lawful permanent residents, asylees, refugees, and cases where entry serves U.S. law enforcement interests.

Federal Register Open PDF 88 FR 86541

Impact dates

Date TBD
Ongoing: Secretary of State recommendations on continuation/modification/termination
Date TBD
Secretary of State and DHS Secretary to establish implementation procedures
Date TBD
Secretary of State to establish procedures for identifying covered individuals

Key directives

Suspend entry of persons enabling significant corruption and their immediate family members
Secretary of State to identify covered individuals at sole discretion
Secretary of State to implement visa-related aspects in consultation with DHS Secretary
DHS Secretary to implement entry-related aspects in consultation with Secretary of State
Secretary of State to consult DHS Secretary on admissibility matters
Secretary of State to recommend continuation, modification, or termination as circumstances warrant

Who is ordered

Timeline

Immediate

Proclamation takes effect upon signing (December 11, 2023)
Entry suspension applies to covered persons immediately

Near term (90d)

Secretary of State to establish identification procedures
Secretary of State and DHS Secretary to establish implementation procedures

Long term

Proclamation remains in effect until terminated by President
Secretary of State to make ongoing recommendations on continuation/modification/termination

Risks & tensions

Sole discretion of Secretary of State for identification creates limited oversight mechanism
Vague definition of 'enabled, facilitated, or otherwise been involved in significant corruption' may lead to broad or inconsistent application
Potential tension with due process given discretionary visa revocation authority under INA 212(f)
Coordination requirement between State and DHS may create implementation friction
Exemption for law enforcement objectives (with AG recommendation) creates carve-out that could undermine anti-corruption purpose