What does the “Muslim Ban” mean for you?
1 Today (2/2/17) I went to an information session led by some officials of at UMN and immigration lawyers. These are my notes. Please don’t take them as more than what they are -- information collected in a very informal way. I am not a lawyer. Still, they may be useful information. I learned a lot and everything was explained without excessive legalese.
Three executive orders were issued on 1/27/2017. There is overlap between them.
Executive Order # 1 - “The Ban, basically”
1. 120 day moratorium on refugees from all countries was established
2. Indefinite ban on refugees from Syria
3. 120 day ban on nationals from the selected 7 countries (this includes those who hold valid visas)
i. There is an exception for members of “religious minorities.” Those “religious minorities” are not defined in the text of the executive order but are understood to mean only Christians.
4. All valid (non-immigrant) visas from the 7 country list have been revoked.
i. This is unprecedented. Visa revocation is almost always done on a case-by-case basis.
ii. The State Department cable says this applies to visa holders already in the country at the time of the Executive order. Customs and Borders Protection claims that it does not apply to visa holders already in the country at the time of the Executive order.
iii. A person in not in unlawful status until they have received written notification that they are in unlawful status.
4.Dual citizens are being processed according to the passport they present at the border. (E.g. Iran-Canadian dual citizens are advised to present a Canadian passport if they are traveling. Dual citizens should still contact an attorney prior to travel.)
5. Re-entry to the US on a multiple entry non-immigrant visa for persons from the 7 countries is barred for a minimum of 90 days.
i. The fact that this is a fluid situation was emphasized. This 90 day period may increase.
6. Executive order is expected to limit faculty and student exchange and impact field work for academics and collaborators from those 7 countries.
Executive Order #2 - “Enhancing Public Safety in the Interior”
1. Previous deportations were sorted through a priority list. This executive order prioritizes deportation -- all residents without lawful status are a priority. Terms are very unclear.
2. Includes provisions for deportation action for those who have been charged, are being charged, or have “done actions that constituent grounds for a charge” and includes overstay violations.
3. States the intention to hire 10,000 new ICE officers. (There are currently 7,000 ICE officers, total.)
4. 287G program is expanded.
5. Legal action could affect “those who facilitate [the presence of aliens in the country]”
i. Unclear what this means.
6. Will publish crimes committed by immigrants that are in “sanctuary jurisdictions”
i. There is no legal definition of sanctuary. Therefore, it is expected that the Attorney General will designate these sanctuary jurisdictions.
7. The Secure Communities Program will return.
i. This was ended in 2014 due to constitutional issues.
Executive Order #3 - “This is the wall, guys.”
1. Funding for the wall is unclear.
2. Unclear whether new federal hires to build the wall will be exempt from the federal hiring freeze.
3. Those on removal proceedings (including those on humanitarian parole) will be detained.
4. Expedited removal now applies to those who have entered the country unlawfully from the southern border throughout the entire country unless they have been in the interior for two continuous years.
i. Expedited removal means you do not see a judge.
ii. It limits the right to claim asylum.
iii. Previous limits for expedited removal applied to those caught having entered unlawfully within 100 miles of the Southern Border and within 14 days. This is a large expansion of those guidelines.
General Comments:
1. These orders seem to have been written up to create an atmosphere of fear. It is does not seem that there is strong legal ability or community will to force compliance or to comply, respectively.
2. There is speculation on Executive Orders applying to DACA but no concrete action yet.
3. Naturalized U.S. Citizens who are originally from the 7 countries should not be affected.
4. Executive Order does not apply to green card holders any longer.(But they are advised to contact an attorney prior to travel.)
5. If you applying for citizenship, how this affects you depends on the step of the process you are currently at. (See an attorney.)
6. Status of multiple entry student visas are unclear. (See an attorney.)
7. Drafts for executive orders applying to HB-1 programs are being circulated but no concrete action yet.
8. Temporary protected status ramifications are unclear.
9. 60 days for immigrations and intelligence community to develop a psychometric screening test to identify those who mean to “harm our country”. (This is an extremely short time period to develop such a tool in.)
10. If you are a student at UMN, Student Legal Services and International Student Services are available. Immigration lawyers at the university have attorney-client privilege. If you go to another school, I do not know what is available to you but I encourage you to check with a department that serves international students.
