On January 27, 2017, President Trump signed an Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States.” Read the full text of the Executive Order here: Executive Order-1-27-2017.
The order applies to Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen nationals who are United States Lawful Permanent Residents (ie. “green card” holders), nonimmigrant and immigrant visa holders, refugees, derivative asylees, special Immigrant Visa holders and even United States Citizens who maintain dual citizenship with those countries. It suspends entry of all refugees to the United States for 120 days, bars Syrian refugees indefinitely and blocks entry into the United States for 90 days for citizens of the seven predominantly Muslim countries listed above.
The next day, amid widespread demonstrations throughout International airports across the country, the American Civil Liberties Union (“ACLU”) successfully secured a nationwide temporary injunction in the United States District Court for the Eastern District of New York (Darweesh v. Trump Decision and Order) that blocks the deportation of all people stranded in U.S. airports under President Trump’s new ban.
On January 29, 2017, the United States Department of Homeland Security (“DHS”) issued an official response to the litigation stating, “The Department of Homeland Security will comply with judicial orders; faithfully enforce our immigration laws, and implement President Trump’s Executive Orders to ensure that those entering the United States do not pose a threat to our country or to the American people.” DHS Secretary John Kelly added, “In applying the provisions of the president’s executive order, I hereby deem the entry of lawful permanent residents to be in the national interest.” Reports from the field indicate disparate implementation of the executive order across the various DHS points of entry to the country. The U.S. Department of State warns nationals of the seven countries listed above against International travel at this time until further clarity is gathered on how DHS will execute the Executive Order.
President Trump’s recent action pertaining to foreign nationals from certain countries is reminiscent of former President George W. Bush’s system for registering certain non-citizens within the United States implemented during September 2002 as part of the War on Terrorism called National Security Entry-Exit Registration System (“NSEERS”) or “INS Special Registration.” The NSEERS or Special Registration procedure was required of males over the age of sixteen who entered the United States legally from the countries: Iran, Iraq, Libya, Sudan, Syria, Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, the United Arab Emirates, Yemen, Pakistan, Saudi Arabia, Bangladesh, Egypt, Indonesia, Jordan and Kuwait. NSEERS was suspended and replaced by the US-VISIT program by former President Obama in 2011 and deleted in 2016.
Pathak Law Firm unequivocally supports implementation of the laws and policies necessary to secure U.S. borders and ensure the safety and security of all individuals on American soil. We implore President Trump to recognize the significant contributions made by foreign nationals and to treat all immigrants in accordance with the due process and equal protection afforded by the Constitution of the United States. After all, without the advances in skyscraper construction made by Bangladeshi-American structural engineer immigrant Fazlur Rahman Khan during the second half of the 20th century, President Trump’s accumulation of wealth and power through property development may never have been possible. The United States of America is comprised of foreign national ancestry from nations across the globe and it is the unique offerings of these individuals that make our country great.
Call our Burbank and Los Angeles immigration law firm today at 818-238-9444. We’re standing by to answer your questions and provide the immigration help that you need.