Tag Archive | Executive Order

Practice Advisory on Changes to Expedited Removal due to President Trump’s Executive Order on Border Security and Immigration Enforcement

The National Immigration Project of the National Lawyers Guild, the American Immigration Council, and ACLU Immigrants’ Rights Project provide a practice advisory on how expedited removal has changed since President Trump issued the Executive Order on border security and immigration enforcement. This Practice Advisory addresses the coming expansion of expedited removal, who likely will be impacted, and possible ways to challenge an expedited removal order.

Download AILF’s Practice Advisory (PDF)

Attorney Sharma speaks to WJXT Channel 4 News regarding President Trump’s Travel Ban (Version 2.0)

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”.

http://www.bbc.com/news/world-us-canada-38872680

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.”

DHS OIG: Inspector General Announces Review of Implementation of the President’s Executive Order

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.

Link to PDF

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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:

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DOS Notification: Revocation of Visas in Accordance with Presidential Executive Order

DOS directive, dated January 27, 2017, announcing the provisional revocation of all valid nonimmigrant and immigrant visas of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen, with certain limited exceptions.

Link to PDF

Excerpt Below:

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Transcript of Media Availability on Executive Order with Secretary Kelly & DHS Leadership

Via DHS.gov

Release Date:

January 31, 2017

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

WASHINGTON – Today Secretary of Homeland Security John Kelly participated in a media availability alongside U.S. Customs and Border Protection (CBP) Acting Commissioner Kevin McAleenan, U.S. Immigration and Customs Enforcement (ICE) Acting Director Thomas Homan, and DHS Office of Intelligence and Analysis (I&A) Acting Undersecretary David Glawe to discuss the operational implementation of the president’s executive orders. Following is a transcript of their remarks:

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The White House Now Apparently Focusing on the Dream Act, H-1B, L-1 and other Skilled/Professional Work Visas

Newley Purnell of the The Wall Street Journal blogged today about the White House’s Plans for H-1B and other Skilled/Professional Work Visas.  The changes are likely to include “Tighter restrictions on skilled worker visas” which could be issued via “both executive action by President Donald Trump and via Congressional moves“.  The article notes that “President Trump could use an executive directive to take steps like ending a provision announced in 2014 that allows spouses of H-1B visa holders [H-4 Spouses] to work in the U.S.” As well, any such changes would be included in a more comprehensive immigration reform effort.

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48 Hours Later, Where Things Stand on the January 27 Executive Order

Via AILA

On January 27, 2017, President Trump issued an Executive Order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” People all over the United States are rallying in opposition to this EO and showing their support for all of those individuals affected by President Trump’s EOs. AILA lawyers across the country are showing up en masse to provide legal support to those detained, as well as to families and friends waiting for their loved ones to be released.

Last night, lawyers filed actions across the country to halt the January 27 EO. A federal judge in the Eastern District of New York issued the first order, granting a nationwide stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the EO. The next decision came out of a federal court in Massachusetts – it went a bit further and barred federal officials from detaining or removing individuals subject to the EO. Two other courts also issued rulings. In a case filed in Virginia, the court ordered federal officials to provide lawyers access to “all legal permanent residents being detained at Dulles International Airport” and barred officials from deporting covered individuals for the next seven days. In the case out of Washington State, the federal judge barred the federal government from deporting two unnamed individuals from the United States.

Lawyers in the New York case are seeking clarification from the court.

The Department of Homeland Security put out a statement early today stating only that the agency “will comply with judicial orders.”

More clarity was provided by Secretary Kelly of the Department of Homeland Security, who released a press statement this evening clarifying how the EO applies to LPRs: “I hereby deem the entry of lawful permanent residents to be in the national interest.”