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Articles Posted in Immigration Crackdown

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Ninth Circuit Court of Appeals San Francisco, CA

A three-judge panel from the Ninth Circuit Court of Appeals has unanimously ruled that the President’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” banning the entry of immigrants and non-immigrants from seven Muslim-majority countries will not be reinstated. The Court refused to reinstate the Order after hearing oral arguments from the solicitor general of Washington state arguing for the states of Washington and Minnesota, and counsel from Washington D.C. The panel was tasked with reviewing a temporary restraining order (“TRO”) that was handed down by a federal judge from Seattle, an order which brought President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States” to a screeching halt. Since then several lawsuits have been filed against the President’s executive order and are making their way through the courts.

The Court considered four central questions before reaching their decision:

  • Whether the stay applicant “Government” has made a strong showing that he is likely to succeed on the merits;
  • Whether the applicant “Government” will be irreparably injured absent a stay;
  • Whether issuance of the stay will substantially injure the other parties interested in the proceeding and;
  • Where the public interest lies.

The Court concluded that the government failed to satisfy the first questions, and that arguments made by the government’s attorney in support of the last two questions did not justify the issuance of a stay to lift the temporary restraining order and reinstate the Executive Order. The Court reasoned that the government failed to show that it would be likely to succeed on appeal, noting the seriousness of the allegations raised by the States regarding religious discrimination and significant constitutional questions. In a powerful statement the Court noted that “the government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States.” The Court further stated that the States “offered ample evidence that if the Executive Order were reinstated even temporarily, it would substantially injure the States and multiple other interested parties.”

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Following a dramatic turn of events, on Friday, February 3, 2017, a federal judge from the Western District of Washington, issued a Temporary Restraining Order (“TRO”) halting enforcement of the President’s Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” nationwide. The temporary restraining order was issued in response to an emergency motion filed by the state of Washington and Minnesota. The states collectively filed the motion seeking declaratory and injunctive relief against the controversial executive order which bans the entry of immigrant and non-immigrant foreign nationals from seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) for a 90-day period, suspends the U.S. Refugee Admissions Program for a 120-day period, and terminates the Syrian refugee program indefinitely.

In his ruling, Judge Robart stated that after hearing arguments, the States adequately demonstrated that they have suffered immediate and irreparable harm because of the signing and implementation of the order, and that granting a TRO would be in the public interest. In addition he stated “the Executive Order adversely affects the States’ residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States. . . are significant and ongoing.” A three-judge panel from the Ninth Court Court of Appeals is expected to issue a final ruling on the Executive Order tomorrow.

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In today’s post, we will discuss how green card holders may be affected by President Trump’s Executive Order imposing a temporary travel ban on foreign nationals of seven Muslim-majority countries (Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen), including green card holders as well as non-immigrants. Since the release of the Executive Order, several courts have issued temporary injunctions preventing green card holders (LPRs), legally authorized to enter the United States, from being detained and/or removed from the United States until a federal court can decide the constitutionality of the orders.

In response to these court orders, the Department of Homeland Security and Customs and Border Protection (CBP) has provided further guidance on the enforcement of these actions, and the impact on green card holders from these seven Muslim-majority countries. While both agencies have indicated that they are complying with the court orders, the consensus is that immigration officials will continue to enforce President Trump’s Executive Orders, and they will continue to remain in place.

What does this mean for green card holders? The Secretary of the Department of Homeland Security has stated that the entry of lawful permanent residents remains in the national interest, therefore “absent receipt of derogatory information indicating a serious threat to public safety and welfare,” lawful permanent resident status will be a deciding factor in allowing an LPR entry. The entry of lawful permanent residents will continue to be discretionary and green card holders will be evaluated on a case-by-case basis.

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Yesterday, January 29, 2017 the Department of Homeland Security released a statement regarding President Trump’s executive order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” which barred the entry of both immigrant and non-immigrant foreign nationals from 7 majority Muslim countries and suspended entry of Syrian refugees until proper vetting and security mechanisms could be put in place. The Department commented on the impact of a federal court order issued Saturday night which temporarily suspends enforcement of the executive order, until a federal judge can rule on its legality.

In their statement, the Department of Homeland Security noted that “upon issuance of the court order . . . U.S. Customs and Border Protection (CBP) immediately began taking steps to comply with the orders. Concurrently, the Department of Homeland Security continues to work with our partners in the Departments of Justice and State to implement President Trump’s executive order on protecting the nation from foreign terrorist entry into the United States. We are committed to ensuring that all individuals affected by the executive orders, including those affected by the court orders, are being provided all rights afforded under the law.  We are also working closely with airline partners to prevent travelers who would not be granted entry under the executive orders from boarding international flights to the U.S. Therefore, we do not anticipate that further individuals traveling by air to the United States will be affected.”

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On Saturday night, a federal judge granted an emergency stay on Donald Trump’s executive order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” which temporarily bans the entry of immigrant and non-immigrant foreign nationals from Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen for a 90-day period. The stay filed by the American Civil Liberties Union, on behalf of two Iraqi men detained at New York’s John F. Kennedy airport, prevents immigration authorities from detaining foreign nationals from the 7 Muslim majority countries, who have already arrived on U.S. soil, as well as those mid-flight. The stay does not invalidate the executive order signed by Trump, but limits its enforcement on individuals who have already arrived in the United States. Individuals who have attempted to enter on valid visas, refugee status, or LPR status must be released from detention. Trump’s temporary ban on immigrants and non-immigrants from these countries sent the country into chaos, as protestors swarmed international airports across the nation calling for an end to the ban and the release of persons detained. U.S. Customs and Border Protection, and law enforcement officials are struggling with the executive order, absent clear policy and guidance from the Department of Homeland Security.

This is a developing story. More information soon. 

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Yesterday, January 27, 2017, President Donald Trump signed and handed down the controversial executive order, “Protecting the Nation from Terrorist Attacks by Foreign Nationals” on immigration to protect the nation from terrorist attacks by foreign nationals. Among its main provisions the order suspends IMMIGRANT AND NON-IMMIGRANT entry of foreign nationals from countries of “particular concern” including Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen for 90 days, indefinitely suspends Syrian refugees from entering the United States until the U.S. refugee admissions program has been overhauled, and terminates the visa waiver interview process. The temporary ban will affect all non-U.S. Citizens from Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen including green card holders and valid U.S. visa holders. Foreign nationals of these countries will not be allowed to return to the United States for a period of 90 days, after temporary foreign travel, even if they are green card holders or visa holders. For this reason, if you are a foreign national from one of these countries, you should not engage in temporary foreign travel until the temporary ban has been lifted. Visa and green card holders already in the United States will be allowed to remain without problems.

An exemption has been drawn for immigrants and legal permanent residents whose entry is in the U.S. national interest, however it is not yet clear how that exemption will be applied.

Below is a summary of the main provisions of the order per the OFFICIAL signed copy.

To read the complete version please click here.

  1. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern
  • The immigrant and nonimmigrant entry into the United States of aliens from countries designated (including Syria, Iraq, Iran, Libra, Somalia, Sudan, and Yemen) is suspended for 90 days from the date of the order January 27, 2017 (excludes foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, and C-2 visas for travel to the United Nations). This means that if you are a citizen of a country of “particular concern” as outlined above, you will NOT be allowed to re-enter the United States, after temporary foreign travel, until the ban has been lifted, even if you are a legal permanent resident (immigrant) or holder of a valid visa. If you are a foreign national of one of the above countries and you are an immigrant (green card holder) or non-immigrant (valid visa holder), you must NOT travel internationally. Otherwise, you will risk being denied re-entry.
  • The Secretary of State and Homeland Security may submit to the President the names of additional countries who pose a security risk and are recommended for suspension.
  • The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, must immediately conduct a review to determine the information needed from any country for adjudication of any visa, admission, or other benefit under the INA adequate to confirm the identity of the individual seeking the benefit and ensure that they are not a security or public-safety threat to the United States.

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President Donald Trump is expected to hand down a controversial Executive Order on immigration within the coming days to protect the nation from terrorist attacks by foreign nationals. Although the Trump administration has not made a formal announcement regarding the proposed order yet, a leaked, unsigned copy of the President’s order has been making the rounds. We do not know whether the President has made any modifications to the order since its leak, and we do not know when exactly the order will be issued. One thing is clear, an executive order on immigration is imminent. It is rumored that the executive order will include a temporary ban on refugees, the suspension of issuance of visas for citizens of Syria and six other Middle Eastern and African countries, which are rumored to include Iraq, Iran, Libya, Somalia, Sudan and Yemen, collectively referred to as “countries of particular concern,” as well as the end of Syrian refugee processing, and the visa interview waiver program.

The passage of such an executive order although extremely controversial and unpopular, would be within the President’s executive power, if his administration determines that limiting refugee admissions temporarily and restricting the issuance of visas to persons from specific countries is of significant public interest to the United States to combat the war on terror. The administration would need to balance our country’s need to secure its borders against terrorism with the need to resolve the global humanitarian crisis we face today. Donald Trump has already passed a series of executive orders on border security and immigration enforcement authorizing the construction of a U.S.-Mexico border wall, withholding federal grant money for sanctuary cities, hiring 5,000 Border Patrol agents, reinstating local and state immigration enforcement partnerships, and ending the “catch-and-release” policy for undocumented immigrants.

The leaked copy of the executive order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” gives two policy reasons for enacting the executive order. First, the purpose of the order is to protect American citizens from foreign nationals who intend to enter the United States to commit acts of terrorism. Second, the order serves to prevent the admission of foreign nationals who intend to enter the United States to “exploit” the country’s immigration laws for malevolent purposes. The order highlights that following the September 11 attack on the World Trade Center, hundreds of foreign nationals have successfully entered the United States on an asylum, visitor, student, or employment visa, and have been subsequently convicted or implicated in terrorism related crimes. The order goes on to blame the State Department’s consular officials for their failure to scrutinize the visa applications of the foreign nationals who went on to commit the September 11 attacks, which resulted in the deaths of thousands of Americans.

The main provisions of the leaked order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” are as follows:

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On the heels of being named “Person of the Year” by TIME magazine, a new interview with President-elect Donald J. Trump reveals new information regarding the former business tycoon’s stance on illegal immigration. As we have previously reported, throughout his campaign the President-elect Donald Trump vowed to crackdown on illegal immigration, claiming that he would deport the 11 million undocumented immigrants residing in the United States unlawfully during. Among other things, Trump also campaigned on the platform that he would end the Deferred Action for Childhood Arrivals (DACA) program once and for all; a program which to this date has shielded hundreds of thousands of young undocumented persons from deportation, and provided them with temporary work authorization. The lives of these young undocumented immigrants have in large part been shaped by the passage of DACA, and the false sense of security it brought them. Today, their lives are in a very fragile state, with the uncertain future of what may happen to this program under a Trump administration, and the looming possibility of their removal from the United States, given that USCIS now possesses vital information regarding their identities and whereabouts. Ever since his election, Trump has desperately attempted to unite the nation. His administration has endeavored to pick up the broken pieces that were left behind by his polarizing campaign rhetoric. In recent months, we have seen Trump dramatically soften his stance on immigration in what may be described as futile efforts to unify the country.

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There is no denying that the election of Donald Trump as next President of the United States has dealt a huge blow to the immigration reform effort and diminished any hope for the passage of broader legal immigration reform. We had hoped that with the election of Hillary Clinton we would see an increase in immigration levels for highly skilled workers, as well as increased visa opportunities for entrepreneurs and investors. While the news of Donald Trump’s election was a big setback for immigration in general, polling continues to suggest that people across the United States are willing to support fairness in dealing with the undocumented immigrant population in a sensible and human way. By contrast, most Americans disapprove of passing broad legal immigration reform that would benefit foreign workers.

Donald Trump was able to win the favor of a great number of Americans because of his critical view of programs like NAFTA that he believes has allowed American jobs to go overseas. Trump has blamed the U.S. government for allowing programs like the H-1B worker program to exist, saying that foreign workers are taking American jobs. We can expect to see Donald Trump take a restrictive view on legal immigration, keeping immigration levels within historic norms. Donald Trump has until recently softened his tone on illegal immigration, claiming that his priority is to deport only dangerous criminals residing in the United States unlawfully, although his 10-point plan contradicts his recent stance.

It is likely that the Republican House and the Senate will introduce legislation designed to benefit American workers and the economy, and focus less on creating immigration opportunities for foreign workers. Similarly, the Trump administration will likely focus on job creation, and less on passing any meaningful legal immigration reform.

The program that may come under fire by the Trump administration is the Deferred Action for Childhood Arrivals (DACA) initiative which began on June 15, 2012 as part of an executive order introduced by President Barack Obama. Donald Trump has repeatedly said that he wants to end the Deferred Action for Childhood Arrivals (DACA) program incorrectly calling it an “amnesty.” In actuality, DACA is not amnesty and does not provide a pathway to permanent residency or even citizenship. DACA merely shields the individual from deportation and allows them to legally obtain employment in the United States for a temporary period of time.

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The U.S. Department of Homeland Security is expected to run a study to determine whether privately run detention facilities are unsafe for migrants. The Secretary of the Department of Homeland Security, Jeh Johnson, has stated that the administration will evaluate whether or not the agency will end the practice of privatizing immigration detention facilities, issuing a recommendation by November 30th of this year.

The announcement comes following reports that private immigration detention facilities have unlawfully withheld proper mental health and medical care from persons being detained in their immigration facilities. Presently, the two major private companies running ICE immigration detention facilities across the United States are the Corrections Corporation of America and the GEO Group. Together these private companies hold lucrative state and federal government contracts. It is estimated that the Corrections Corporation of America has earned $689 million alone from its contracts with ICE dating back to 2008, while the GEO Group has earned an estimated $1.18 billion from these contracts during that same period.

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