John Stahl

 

On Thursday, February 9th, a three-judge panel of the Ninth Circuit Court of Appeals ruled unanimously to keep in place the lower court’s injunction on President Trump’s executive order that would temporarily ban immigrants from seven predominantly Muslim countries and suspend the refugee program.

Therefore, until further action by a court, the order barring implementation of the travel and refugee ban remains in place, and all individuals may apply for visas and admission to the United States without regard to nationality.

The executive order will remain suspended until either the lower court holds another hearing or the U.S. Supreme Court decides to intervene. The federal government could seek Supreme Court intervention however 5 of the current 8 justices would need to vote to overturn the decision by the Ninth Circuit Court of Appeals.

 

On February 3, 2017, a District Court judge in Seattle issued a temporary injunction which halted the enforcement of the Jan. 27th executive order banning travel for persons from seven countries and suspending refugee processing. Over the past weekend, the Trump administration requested the 9th U.S. Circuit Court of Appeals to immediately lift the injunction. The injunction halted the travel ban on people from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen and restarted the U.S. Refugee Admissions Program, including allowing Syrian refugees to be resettled in the U.S.

The State Department, Department of Homeland Security, U.S. Citizenship and Immigration Services and Customs and Border Protection have issued respective statements announcing their compliance with the injunction.

The 9^th Circuit denied the administration’s request to lift the injunction and have scheduled a hearing for today, Tuesday, February 7, 2017 at 6pm Eastern Time. A decision is expected soon afterwards and the case will most likely be appealed to the U.S. Supreme Court, regardless of the outcome.

The injunction could be lifted and the travel ban put back in place at any moment. People who are affected are advised to book flights immediately. Currently, those with valid visas may travel to the U.S. They do not need to apply for a new visa unless their visas were canceled with a physical stamp or annotation.

Some airlines have confirmed that affected people traveling to the U.S. will be allowed to board flights. Travelers covered by the orders should confirm that the airline they choose will allow them to board before they book a flight. Travelers also should carry contact information for an attorney before boarding a flight. The travel ban could potentially be reinstated during a flight and people covered by the restrictions could be detained by Customs and Border Protection upon arrival.

 

According to the U.S. Department of State, the Executive Order does not restrict the travel of dual nationals, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa.

“Our Embassies and Consulates around the world will process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.

At this time, there are no changes to the Visa Waiver Program (VWP).  However, as before the Executive Order, dual nationals of Iraq, Iran, Syria, and Sudan are not eligible for the Visa Waiver Program and must have a visa for travel.  Such individuals may apply for a visa as needed at a U.S. Embassy or Consulate.  Dual nationals of Yemen, Libya, and Somalia and a VWP country may continue to travel under the VWP unless they have travelled to any of the seven countries on or after March 2011, in which case they must first apply for a U.S. visa.

The Executive Order does not restrict the travel of dual nationals from any country, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa, if required.

The U.S. Department of State has posted additional information on the affect of the Executive Order on the visa process for nonimmigrants and immigrants.

The U.S. Customs and Border Protection has posted a Frequently Asked Questions (FAQ) page on their website with further information and developments regarding entry to the U.S. under the Executive Order.

 

On January 25, 2017, President Trump signed two executive orders–one addressing border security and enforcement and the other addressing interior enforcement. On January 27, 2017, President Trump signed a third executive order relating to visa issuance, screening procedures, and refugees.

In the first two executive orders, the President announced that he would order the Department of Homeland Security to construct a Southern border wall, increase the size of the enforcement agencies, and require that states and localities engage in immigration enforcement to supplement federal efforts. “Sanctuary” cities will now be at risk of losing federal grant funding. The President also drastically altered the current immigration enforcement categories, eliminating guidance that directed officers to prioritize the most dangerous individuals for removal. The order reinstates the Secure Communities program that resulted in the widespread unlawful detention and subsequent removal of numerous individuals for traffic stops and other civil violations. The announced enforcement actions will take Secure Communities of the past even further by directing law enforcement to focus their attention on individuals who have not even committed a crime. Over the next few weeks and months, we expect the President’s cabinet and agencies’ staff to begin implementing the directives in these orders.

Late Friday, the President issued another executive order announcing an immediate four month suspension of the entire U.S Refugee Resettlement program, a reduction of the annual refugee admissions ceiling by more than half, and a ban on the admission of all Syrian refugees for the immediate future. In addition, the President will impose an immediate 90-day ban on nearly all admissions of nationals from the seven designated Muslim-majority countries: Somalia, Libya, Yemen, Iran, Iraq, Syria, and Sudan.

The US Department of Homeland Security provided further details of the travel ban in a recent statement:

“For the next 90 days, nearly all travelers, except U.S. citizens, traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States. The 90 day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals.

Importantly, however, Lawful Permanent Residents of the United States traveling on a valid I-551 will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate.  The entry of these individuals, subject to national security checks, is in the national interest. Therefore, we expect swift entry for these individuals.

In the first 30 days, DHS will perform a global country-by-country review of the information each country provides when their citizens apply for a U.S. visa or immigration benefit. Countries will then have 60 days to comply with any requests from the U.S. government to update or improve the quality of the information they provide.

DHS and the Department of State have the authority, on a case-by-case basis, to issue visas or allow the entry of nationals of these countries into the United States when it serves the national interest.  These seven countries were designated by Congress and the Obama Administration as posing a significant enough security risk to warrant additional scrutiny in the visa waiver context.

The Refugee Admissions Program will be temporarily suspended for the next 120 days while DHS and interagency partners review screening procedures to ensure refugees admitted in the future do not pose a security risk to citizens of the United States.

The Executive Order does not prohibit entry of, or visa issuance to, travelers with diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas.

The Department of Homeland Security along with the Department of State, the Office of the Director of National Intelligence, and the Federal Bureau of Investigation will develop uniform screening standards for all immigration programs government-wide.

Upon resumption of the U.S. Refugee Admissions Program, refugee admissions to the United States will not exceed 50,000 for fiscal year 2017.

The Secretary of Homeland Security will expedite the completion and implementation of a biometric entry-exit tracking system of all travelers into the United States.”

Any inquiries can be made to the Emerald Isle Immigration Center (EIIC) at their Woodside, Queens’s office at (718) 478-5502 or at their Woodlawn, Bronx office at (718) 324-3039.

Further updates will be posted on the EIIC website www.eiic.org.