Translate

Executive Action

President Trump Signs Three Executive Orders on Immigration

 

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.

 

 

 

 

Fifth Circuit Court upholds suspension of Executive Action programs and Obama administration will file an appeal of the decision to the U.S. Supreme Court

 

The Emerald Isle Immigration Center’s Executive Director Siobhan Dennehy expressed “disappointment but no surprise” that late yesterday a divided three judge panel of the Fifth Circuit Court of Appeals denied the federal government’s appeal of the preliminary injunction that has temporarily stopped President Obama’s deferred action initiatives from being implemented. Finally, however, this decision clears the path for the Obama Administration to take this case to the U.S. Supreme Court. The Obama administration should move quickly to petition the United States Supreme Court for review.

Specifically, the Fifth Circuit Court’s decision continues the hold on the expansion of the deferred action for childhood arrivals program (DACA) and the deferred action program for parents of US citizen and permanent resident children (DACA) which were announced almost one year ago by President Obama. Together, these programs could provide as many as five million immigrants and their families with temporary relief from deportation.

This unfortunate decision is a another setback which will further delay the implementation of these programs. Should the Obama administration file a timely request and the U.S. Supreme Court decide to review the decision by early next year, a final decision will be reached by next summer. Those who qualify under these programs should not be deterred from continuing to gather the necessary documents and information and remain in the United States in anticipation of further more favorable developments in the coming months. Potential applicants should secure reliable advice from qualified immigration counsel and beware of immigration scams.

Update on Executive Action on Immigration

 

Nearly one year ago, President Obama announced his plan for executive action to provide administrative relief to certain individuals without immigration status currently in the United States on November 20, 2014. Initial details indicate that his plan will help long term undocumented parents of children who are U.S. citizens or permanent residents by giving them authorization to work legally and protecting them from deportation (or DAPA) in addition to expanding the existing deferred action program for childhood arrivals (DACA).

Please be advised that no one is eligible at this time and beware of any scams to apply for benefits immediately under this new program.

We continue to await a decision from the Court of Appeals for the 5th Circuit on the Administration’s executive action policies on immigration (DAPA and expanded DACA). Oral arguments were heard on July 10, 2015. Either side could choose to appeal the impending decision to the US Supreme Court, which means that possible expanded DACA and DAPA implementation may not occur until next year. Since DAPA and expanded DACA are administrative relief programs, the newly elected president could alter or remove the program entirely when they assume office in 2017.

As more information becomes available we will be posting on our website at www.eiic.org, Facebook page and Twitter stream.

 

 

EIIC PRESS RELEASE: Texas Injunction on President’s Executive Action

FOR IMMEDIATE RELEASE

The Emerald Isle Immigration Center’s Executive Director Siobhan Dennehy expressed “disappointment” that late yesterday a federal district court judge in Texas issued a preliminary injunction which temporarily blocks the implementation of the President’s executive actions. Specifically, the decision places on hold the expansion of the deferred action for childhood arrivals program (DACA) and the deferred action program for parents of US citizen and permanent resident children (DACA). The Administration is moving quickly to appeal the judge’s decision, but it means that tomorrow’s start date for the expansion of the DACA program will be delayed for at least several weeks. The DAPA program was not scheduled to be open until mid to late May and may be delayed as well.
The ruling does not affect those who qualify under the original DACA program announced in 2012 who are applying to renew their status or filing an initial application. Those who were granted DACA and currently hold work permits are also not affected stated John Stahl Esq, EIIC Immigration Attorney and Director of Legal Services.

“The challenges and threats to immigration reform may continue. But in the meanwhile the successful applicants will be wise to gather documents, not travel and not give up hope” stated Immigration Attorney & EIIC Vice Chair, Frank Schorn.

This unfortunate decision is a temporary setback and will only slow down the implementation of these programs. It should not deter those who qualify under these programs from gathering the necessary documents and information and remain in the United States in anticipation of further more favorable developments in the coming months. Potential applicants should secure reliable advice from qualified immigration counsel and beware of immigration scams.