By
As you may have heard, the
Trump Administration issued an executive
order on January 27thwhich put severe restrictions on immigration from seven countries,
all of which have primarily Muslim populations. The order bans travel from
those countries (Iraq, Iran, Syria, Yemen, Sudan, Somalia, and Libya) for 90
days, and suspends refugee admission for 120 days (at least initially), with
immigration for Syrian refugees barred indefinitely.
The order went into effect
with little warning, spawning a wave of confusion—from travelers with visas who
were returning after visiting those seven countries, to Department of Homeland
Security (DHS) officials left trying to interpret the order’s legal
applications.
Airports across the nation
were thrown into chaos, with thousands of protesters arriving to demand the
release of those detained as part of the order. Demonstrations broke out in
many of the nation’s cities, and even some Republicans expressed concern over a perceived lack of
vetting and operational guidance within the DHS and the Justice Department.
Confusion was apparent also in
the number of questions coming into the Avvo Q&A forum. Traffic into the forum
section doubled, and immigration-related searches on Avvo jumped 152% from the
previous week.
The questions people were
asking reflect the anxiety and confusion of many in the general population—and
for lawyers as well.
Caught in the middle
Immigration is a complex process, and a number of the
questions Avvo has received so far are from people who had documentation in
progress, wondering if the executive order was going to throw a wrench into
their approval. One person of Syrian dissent, for instance, worried over his pending I-140
(Immigration Petition for Alien Worker) application and H1B Visa renewal,
saying “I fear the new Executive Order is going to put the whole process
in jeopardy, is that the case?”
“I don’t believe anyone can
answer this definitively at this point,” said an attorney. “Since
your application is just a renewal perhaps you may not have a problem. However,
it may draw increased scrutiny after the executive order.”
Another attorney went along
with that assessment, saying “I agree with my colleague that it is difficult to
answer definitively . . . Your submission might be subject to more scrutiny but
hopefully it will be ultimately approved.”
Some people who were out of
the country wondered if they were going to be granted readmission to the US. One wrote: “I am a green card holder
coming from India through dubai…I understand that President Trump is issuing
extreme vetting orders and suspending the green cards of travelers…should I be
concerned? My flight back to the states is next week. Please advise!”
“Your concern is
understandable,” said a lawyer in response. “The Executive Orders appear
to apply to permanent residents as well as nonimmigrants, and there appears to
be some limited discretion for DHS to admit permanent residents on a case-by-case
basis, and following a thorough security review. However, it does NOT apply to
persons who merely passed through the designated countries.”
Is the ban being applied to countries—or Muslims in
general?
Not mentioned in that last
answer is the fact that the questioner was coming through Dubai, which is not
one of the specific seven countries named in the executive order. However, the
order leaves the door open for other countries to be added to the list. Should
Pakistanis be concerned? Or Saudis? And given the speed with which the order
was issued and acted on, is it safe for non-US citizens currently residing in
the US to make travel plans to any Muslim-oriented country?
Many, for instance, seemed
concerned about travel to India, which, while primarily Hindu, still has a
sizeable Muslim population. One San Francisco resident with an H4 visa (issued
to family members of H-1B workers) asked if it was safe to travel
to New Delhi. Two attorneys responded, neither of whom could confidently say
she could easily get back in the country, given the uncertainty around future
policy changes.
Another person was asking about her mother, who is not a
US citizen and only holds a South Korean passport, flying from New Jersey to
California. Would she be detained and interrogated by immigration officials?
Again, attorneys were unsure.
“With Trump’s most recent
executive order(s) the only thing certain about immigration is that it is now
very much uncertain in terms of how laws will be enforced,” said one lawyer,
“and how TSA, Customs & Border Patrol and Dept of Homeland Security and ICE
will act under their newly expanded authority.”
Even those with permanent
residence who are not from a Muslim country were worried. One question came from a New
Zealander with permanent residence in the US, but also a misdemeanor on their
record. Could they travel to New Zealand and back without a problem? Attorneys
seemed confident saying yes, as the misdemeanor wouldn’t be enough to cause
issues and the travel destination isn’t on the “no” list.
Mixed signals
One major question about the order, which
came up repeatedly, concerns those with permanent residence (a green
card). Initially, the DHS believed the order did not apply in those cases,
but the White House wasn’t confirming. The current guidance is that green card
holders can board US-bound planes, but those travelers might receive “extra
scrutiny” upon arrival.
What about dual citizenship?
Some were concerned even just having citizenship at one of the seven countries
on the list would keep them from re-entering the country. Attorneys seemed sure
on that point, saying US citizenship should not be affected by the order, so
long as the US passport was presented at ports of entry.
Still others wondered about
marriage partners. “I am an American citizen who has married an Iranian guy,” said one. “My husband just got his
immigrant Visa with the Marital Status in his passport. We want to come to U.S.
together in next month. Do they let him in with the President Trump’s new
immigration rules?”
In that case, at least, the
response was clear. “The answer is no,” said an attorney, “under the new
Executive Order he cannot be admitted to the U.S.”
Where to go from here?
The situation is currently in
flux. At the time of this writing, a federal judge in New York has blocked the ability of
authorities to remove individuals who arrived at airports after the order had
been issued. Individual and national lawsuits are in motion. And the acting
Attorney General, Sally Q. Yates, has been fired after ordering the
Justice Department not to defend the executive order, saying “I am not
convinced that the defense of the executive order is consistent with these
responsibilities nor am I convinced that the executive order is lawful.”
In the meantime, as the
country collectively absorbs and understands the ramifications of the new
policy and how it impacts the individuals involved, the Avvo Q&A allows you to ask
questions anonymously and get free advice from attorneys who are tracking
ongoing developments. And if you need the services of an attorney right now,
you can find an immigration lawyer here, or make use of legal
services available via the Avvo immigration section.
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