Explainer: What does a Presidential proclamation mean?

US President Donald Trump has issued a proclamation to suspend issuing of H-1B visas, which is popular among Indian IT professionals, along with other foreign work visas, for the rest of the year.

Trump said the step was essential to help millions of Americans who have lost their jobs due to the current economic crisis.

Issuing the proclamation ahead of the November presidential elections, Trump has ignored the mounting opposition to the order by various business organisations, lawmakers and human rights bodies.

The proclamation that comes into effect from June 24, is expected to impact a large number of Indian IT professionals and several American and Indian companies who were issued H-1B visas by the US government for the fiscal year 2021 beginning October 1.

What is a Presidential Proclamation?

One may wonder what does a Presidential proclamation mean. The word proclamation, according to the Oxford Learner's Dictionary means 'an official statement about something important that is made to the public; the act of making an official statement.'

According to the US Department of State: Bureau of Consular Affairs, 'the proclamations issued by a President of United States, generally referred to as 212(f), are published in the Federal Register and arise from a foreign policy decision to keep certain elements in a given country from getting a visa. Proclamations are rescinded or added depending on current circumstances.'

Now, let us take a look at the various aspects of a Presidential proclamation. It can a) state a condition b) declare law c) recognise an event d) trigger the implementation of a law, by recognising that the circumstances described in the law have been realised.

Presidential proclamations can be broadly categorised into two segments. It can be either a) 'ceremonial' proclamations that designate special observances or celebrate national holidays, or b) 'substantive' proclamations that usually relates to the conduct of foreign affairs and other sworn executive duties. These can denote international trade, the execution of set export controls, the establishment of tariffs, the reservation of federal lands for the benefit of the public in some manner, or other areas.

A Presidential proclamation becomes a force of law, or in other words, it is armed with real power only when it is authorised by the Congress, which is the bicameral legislature of the federal government. If Congress passes an act that will take effect upon the happening of a contingent event, and subsequently, the President proclaims that the event has happened, then the proclamation will have the force of law.

Presidential proclamations have always left an impact on the political history of the United States, often dictating the course of an event. The Proclamation of Neutrality issued by George Washington in 1793 and Abraham Lincoln's Emancipation Proclamation in 1863 are some of the nation's most significant Presidential proclamations.

The American corporate sector has slammed Trump's proclamation regarding H-1B visas, stating that the decision will hit innovation, push investment and economic activity abroad, cause slow growth and reduce job creation.

The subject will be analysed and dissected in the coming days, and only time will tell whether Donald Trump's proclamation manages to occupy a place alongside its illustrious predecessors, or faces the ignominy of catastrophe.

(With Inputs from PTI)