SUMMARY:
Within his first week of office, President Trump signed an Executive Order (“EO”) that affects the Immigrant Community. The EO stated its goal to address the threats faced by the United States since the tragedies of September 11, 2001. President Trump entitled the EO “Protecting the Nation from Foreign Terrorist Entry into the United States.” However, the provisions in the EO are not likely to make our nation safer. The EO immediately suspends the “issuance of Visas and other immigration benefits” to nationals of seven majority Muslim countries: Iran, Iraq, Syria, Libya, Somalia, Sudan and Yemen for 90 days and bans all refugees for 120 days. The “immigration benefits” the EO refers to would include admission into the U.S. or other benefits such nationals would seek. The order specifically “suspend[s] the entry into the United States as immigrants and nonimmigrant.” Thus, not only does the EO restrict valid visa holders (including but not limited to, permanent residents, fiancé visas, student visas, and employment visas) the EO will also leave thousands of refugees who face life-threatening danger without any protection. The effect of this order left immigrants and nonimmigrants alike without any alternatives. The broad language of the order does not require any individualized determination based on specific intelligence that applicants for admission pose a security risk. Later in a memorandum, the Secretary of the Department of Homeland Security (DHS) found it to be in the national interest of the United States to admit immigrants (Green Card Holders) affected by this order in the United States.
The implication of the order is that the United States government has suspended the processing of any type of visa for nationals of the affected countries. The United States Citizenship and Immigration Services (USCIS) has issued the following guidance to the field offices:
Effective [sic] immediately and until additional guidance is received, you may not take final action on any petition or application where the applicant is a citizen or national of Syria, Iraq, Iran, Somalia, Yemen, Sudan, and Libya,” wrote Daniel M. Renaud, Associate Director of field operations for DHS’s office of U.S. Citizenship and Immigration Services. “Field offices may interview applicants for adjustment of status and other benefits according to current processing guidance and may process petitions and applications for individuals from these countries up to the point where a decision would be made.”
“At that point, cases shall be placed on hold until further notice and will be shelved with specific NFTS codes which will be provided through the Regional Offices,” Renaud went on to say. “Offices are not permitted [to] make any final decision on affected cases to include approval, denial, withdrawal, or revocation.”
“Please look for additional guidance later this weekend on how to process naturalization applicants from one of the seven countries listed above who are currently scheduled for oath ceremony or whose N-400s have been approved and they are pending scheduling of oath ceremony,” Renaud wrote. “We expect to issue more detailed guidance and procedures as needed in the coming days.
This is indeed uncertain times for U.S immigration laws, and most especially for nationals of the affected countries. Without strong opposition to this, the list of the affected countries will likely increase, and in fact, a draft of a subsequent EO has been leaked including an additional 7 countries to be added to the current list. At this time, it is unclear when and if the EO will be expanded.
WHAT SHOULD YOU DO?
It is important to be prepared and know your rights. This is the time to protect yourselves and your community by seeking reliable information and guidance.
Do not engage the Department of Homeland Security (DHS) without the benefit of an experienced immigration attorney. Since the DHS is always represented by counsel, individuals dealing with that office should as well.
The President used immigrants as scapegoats during the presidential campaign. It appears from this first week that he is out to fulfill those promises. All immigrants should be prepared. If you are a Lawful Permanent Resident of the United States, under NO circumstances should you sign form I-407, where presented by the Customs and Border Patrol. Another form, I-275, is a request to withdraw a traveler’s application for admission to the country. You should not sign anything until you have had the opportunity to be advised by an experienced immigration attorney.
Also, Legal Permanent Residents (LPR) should not stay overseas for more than 180 days. To do so will trigger consequences, including issues of abandonment of green card status when the person appears before Customs and Border Patrol (CBP).
HOW DOES THIS AFFECT ME?
I am a United States Citizen: The federal government cannot “ban” you from re-entering the United States and you cannot be deported. You are guaranteed the full protections afforded under the US Constitution. This is NOT true if you have PENDING application for Naturalization (see below “I have a pending application with USCIS”).
What if I have dual Citizenship? If you hold US citizenship along with citizenship in one of the enumerated countries you may be subject to further questioning at the discretion of CBP when arriving to the US.
I am a Legal Permanent Resident: If you are from Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen, and you are currently in the United States you should consult with one of the experienced Immigration attorneys before traveling internationally. Additionally, if you are from a country that is not on the list above, you should still consult with an immigration attorney if you are planning on traveling internationally in the near future. It is important to be prepared if additional countries are added to the EO.
If you are not in the United States and you plan on returning you may be subject to the ban, even though DHS found it to be in the national interest of the United States to admit immigrants (Permanent Residents).
I am a Refugee residing in the United States: If you are a refugee from one of the above listed countries you will not be affected by the EO as long as you remain in the United States. However, you should put off any travel arrangements until further notice.
I have an application pending with USCIS or the National Visa Center (NVC): The EO immediately suspends the “issuance of Visas and other immigration benefits”. This means that if you have a family petition, naturalization petition, or any other type of application pending with USCIS or NVC, your case will be processed, however, you should expect delays as these are all immigration benefits. It appears your case will be placed on an indefinite hold until further notice. If you have an interview already scheduled it is likely to be rescheduled to a future date.
I am detained: Five federal district court judges have made various orders that refugees and other immigrants stuck at American airports should not be sent back to their home countries. The rulings appear to be limited to those people already at U.S. airports or in transit. If you or a family member are still detained it is important to speak with an Immigration attorney immediately.
Do not doubt the strength of this country and or its people to recognize injustice. Thousands of people around the nation have flocked in protest in order to fight for the protection of refugees and the values this nation is founded on. Remember, this won’t last forever but for the time being we must prepare ourselves and err on the side of caution.
If you have any questions about Immigration law, immigrant rights, how you can protect yourself and how this EO may affect you, do not hesitate to contact Paschal Nwokocha & Chukwu