Immigration Attorney Ashwin Sharma interviewed by WJXT News4Jax on President Trump’s new immigration executive order (Travel Ban Version 2.0) anticipated to be issued this week. The new order is expected be specifically tailored to address National Security issues and to overcome Constitutional challenges like those that affected the earlier executive order.
The new Executive Order will purportedly take effect 1-2 weeks after it is signed, and appears to continue to focus on the original seven Muslim-majority countries – Iran, Iraq, Syria, Yemen, Somalia, Sudan and Libya, but exempt green-card holders and dual citizens of the U.S. and any of those countries. The new order would apparently no longer specifically reject Syrian refugees when processing new visa applications. As well, DHS Sectretary Kelly indicates that if travellers are “in motion from some distant land”, at the time the Executive Order takes effect, they “will be allowed in”.
This AFP article, which quotes several American Immigration Lawyers members, reports that undocumented individuals in Florida are living in a state of fear and confusion under the Trump administration. Those fears got even worse when Miami Mayor Carlos Gimenez decided on January 26, 2017, to bow to a defunding threat from President Trump and removed Miami from the list of so-called “sanctuary cities.” According to the Migration Policy Institute, Florida is home to 650,000 immigrants who do not have legal residency status, and a study by the Pew Research Institute found that Miami had the fifth largest undocumented immigrant population in the United States, at 450,000 people.
Last week, ICE launched a Series of Targeted Enforcement Operations in the Los Angeles, Chicago, Atlanta, San Antonio, and New York City areas, resulting in the arrests of more than 680 individuals.
DHS Secretary John Kelly stated yesterday that last week, ICE launched a series of targeted enforcement operations in the Los Angeles, Chicago, Atlanta, San Antonio, and New York City areas, resulting in the arrests of more than 680 individuals. Secretary Kelly stated that the enforcement operations focused on individuals who posed a threat to public safety, had been charged with criminal offenses, and had committed immigration violations or had been deported and reentered the country illegally. He also asserted that the focus of the operations was consistent with the “routine, targeted arrests” carried out by ICE’s Fugitive Operations teams on a daily basis.
For Immediate Release
Office of the Press Secretary
WASHINGTON – Last week, U.S. Immigration and Customs Enforcement (ICE) launched a series of targeted enforcement operations across the country. These operations targeted public safety threats, such as convicted criminal aliens and gang members, as well as individuals who have violated our nation’s immigration laws, including those who illegally re-entered the country after being removed and immigration fugitives ordered removed by federal immigration judges.
Harvard Law School Clinic releases report on effect of Trump’s executive orders on Asylum Seekers – urges Canada to accept Asylum Seekers rejected by U.S.
Harvard Law School’s Immigration and Refugee Clinical Program has released a report on the effects of President Trump’s executive orders on people seeking asylum protection in the United States under long-standing provisions of U.S. and international law, including refugee law and the Convention Against Torture.
DOS alert that visas that were provisional revoked are now valid for travel to the U.S., if the holder is otherwise eligible. Individuals whose visas are expired, or were physically cancelled, must apply for a new visa, absent a CBP grant parole or waive the visa requirement at the port of entry.
The US federal appeals court today denied the US government’s emergency request to resume President Donald Trump’s travel ban which had been suspended by a federal judge on Friday.
The late night ruling means the travel ban will remain suspended until the full case has been heard.
Federal Court Suspends President Trump’s Executive Order banning Muslims and Refugees, CBP & DOS to Resume Business as Usual
On February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order prohibiting the federal government from enforcing Sections 3(c) [90-day travel ban on “immigrants and nonimmigrants” from designated countries], 5(a) [120-day ban on U.S. refugee program], 5(b) [prioritization of certain refugee claims], 5(c) [indefinite suspension of Syrian refugee admissions], and 5(e) [case-by-case refugee admissions] of the January 27, 2017 Executive Order on a nationwide basis. All U.S. land and air ports of entry are prohibited from enforcing these portions of the EO until further order from the court.
Customs and Border Protection: The American Immigration Lawyers Association has been advised that all CBP Field Offices have been instructed to immediately resume inspection of travelers under standard policies and procedures. All airlines and terminal operators have been notified to permit boarding of all passengers without regard to nationality.
Department of State: DOS has confirmed that assuming there were no other issues in the case, provisionally revoked visas have been reversed and are valid again.
The Trump administration declared its intention to file an emergency stay of the order “at the earliest possible time.”
The Department of Homeland Security Office of Inspector General (“DHS OIG”) announced late Wednesday that it will review DHS’ implementation of “Protecting the Nation from Terrorist Entry into the United Stated by Foreign Nations” and adherence to court orders and allegations of individual misconduct, initiated due to congressional request and whistleblower and hotline complaints.
America’s Troubled History With Immigrants: A summary of four past Immigration Policies also implemented in the name of “Enhancing Public Safety”
President Trump’s January 25, 2017 Executive Order entitled “Enhancing Public Safety in the Interior of the United States” temporarily suspends all immigration for citizens of seven majority-Muslim countries: Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. 500,000+ U.S. legal permanent residents were initially included in the suspension, but were given back their right to return to the U.S. on January 29, 2017 by way of a special statement by the Homeland Security Secretary John Kelly. Travelers with previously issued and valid visas were detained at airports and many have been removed. The EO indefinitely halts the processing and acceptance of Syrian refugees and calls for a four-month general suspension of America’s refugee program. Further, the EO cuts the maximum number of refugees that could be accepted to 50,000, less than half of the refugee limit last set by President Obama.
This EO’s purported mission of “Enhancing Public Safety” reminds us of other troubling U.S. Immigration policies our government has introduced and implemented in the past, also in the name of “Public Safety”. These restrictive immigration policies and laws, some aided by the U.S. Supreme Court’s creative adjudication, kept U.S. citizenship and constitutional protections from most ethnic groups solely on the basis of race, nation of origin or gender. Summarized below are four such nefarious acts and laws aimed at halting immigration and curbing rights:
USCIS has issued a fact sheet on the automatic extensions of EADs provided by the “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” final rule, which went into effect on January 17, 2017. The fact sheet provides additional information to employers and EAD applicants including information regarding I-9 completion.