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Proclamation 10043

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Proclamation 10043
Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China
Seal of the President of the United States
Proclamation 10043
TypePresidential proclamation
Signed byDonald Trump on May 29, 2020
Federal Register details
Federal Register document number2020-12217
Publication date4 June 2020
Document citation85 FR 34353

Proclamation 10043 is a presidential proclamation signed by Donald Trump, the 45th US president, on May 29, 2020, in order to prohibit students in the People's Republic of China associated with the People's Liberation Army from obtaining F visas or J visas.[1]

Effect

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As was reported by Reuters in Sep 2020, visas of more than 1,000 Chinese students had been canceled.[2] In June 2021, a survey of 310 students showed that most of students who had been rejected studied at one of the following eight universities:

  1. Beihang University
  2. Beijing Institute of Technology
  3. Harbin Institute of Technology
  4. Harbin Engineering University
  5. Northwestern Polytechnical University
  6. Nanjing University of Aeronautics and Astronautics
  7. Nanjing University of Science and Technology
  8. Beijing University of Posts and Telecommunications

Otherwise, they were funded by China Scholarship Council.[3]

Response

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On June 10, 2021, the Association of American Universities, the American Council of Education, and 39 other associations sent a letter to the United States Department of State asking them to explain the scope of Proclamation 10043.[4][5]

On July 6, 2021, during a regular press conference, Zhao Lijian, spokesman for the Ministry of Foreign Affairs of the People's Republic of China, expressed "grave concern" and stated that China "has lodged solemn representations with the US side" regarding the enforcement of the proclamation.[6][7]

On June 27, 2022, eighteen students filed a class action lawsuit against some United States government top officials and relevant entities.[a][8] The plaintiffs also hosted a website called 10043.org to share their experiences.[3] On June 22, 2023, the case was dismissed with prejudice and terminated by Judge Colin Stirling Bruce of the United States District Court for the Central District of Illinois. The dismissal came after the judge granted the Defendant's Motion to Dismiss filed by the defendants[8]

Notes

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  1. ^ The defendants of the case were Joseph R. Biden (President of the United States), Antony J. Blinken (Secretary of State), Alejandro Mayorkas (Secretary of Homeland Security), the United States Department of Homeland Security, the United States Department of State, and the United States of America.

References

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  1. ^ "Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China". Federal Register. 2020-06-04. Retrieved 2021-06-09.
  2. ^ "U.S. cancels visas of more than 1,000 Chinese nationals deemed security risks". Reuters. 15 September 2020. Retrieved 2021-07-14.
  3. ^ a b "梦断10043号令:被拒签中国留学生拟起诉美国政府". Cai Jing (in Chinese (China)). 2021-06-09. Retrieved 2021-06-09.
  4. ^ American Council on Education (2021-06-10). "Letter to State Department on Presidential Proclamation Suspending Entry of Students and Researchers From China" (PDF). www.acenet.edu. Retrieved 2021-06-13.
  5. ^ "AAU, ACE, Other Groups Request Briefing from State on Presidential Proclamation 10043". Association of American Universities. 2021-06-11. Retrieved 2021-06-13.
  6. ^ "Foreign Ministry Spokesperson Zhao Lijian's Regular Press Conference on July 6, 2021". Ministry of Foreign Affairs of the People's Republic of China. Archived from the original on 2021-11-10. Retrieved 2021-07-06.
  7. ^ Humeyra Pamuk; David Brunnstrom; Ryan Woo (15 September 2020). "U.S. cancels visas of more than 1,000 Chinese nationals deemed security risks". Reuters. Retrieved 2023-08-08.
  8. ^ a b "Baryshnikov v. Mayorkas, 2:22-cv-02140 - CourtListener.com". CourtListener. Retrieved 9 July 2023.