Read more of this article written by Immigration Attorney Rebecca Pathak in the May 2017 issue: VL-May-lowres

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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.

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Programs such as DAPA “Deferred Action for Parents of Americans and Lawful Permanent Residents” are now at high risk of being permanently shut down. DAPA is a planned American immigration policy to grant deferred action status to certain illegal immigrants who have lived in the United States since 2010 and have children who are either American citizens or lawful permanent residents. Deferred action is not full legal status but would come with a three-year, renewable work permit and exemption from deportation.

The program was announced in November 2014 by President Barack Obama, along with a number of immigration reform steps including increased resources for border enforcement, new procedures for high-skilled immigrants, and an expansion of the existing Deferred Action for Childhood Arrivals ”DACA” program.

While immigration policy is largely the scope of the executive branch, the 26 states that challenged the law argued that DAPA would force them to provide benefits to applicable immigrants, in violation of the tenth amendment to the U.S. Constitution. The U.S. Supreme Court’s split decision means an outcome concerning this matter will be delayed further.

What’s Next?

In the meantime, DAPA remains on hold, as it has been for over a year. But the controversy over the program won’t go away just yet. The case will continue to work its way back through the courts and will soon be before Judge Hanen again.

Many people still want to know:

Who is eligible for the Deferred Action for Parents of Americans and Lawful Permanent Residents “DAPA” program?

To be eligible for deferred action under DAPA, you must:

• Be the parent of a U.S. citizen or lawful permanent resident.
• Have continuously resided in the U.S. since January 1, 2010.
• Were present in the U.S. on November 20, 2014. It’s also likely that you will need to be present in the U.S. every day from November 20, 2014, until eligible to apply for DAPA.
• Not have a lawful immigration status on November 20, 2014. To meet this requirement, (1) you must have entered the U.S. unlawfully, or, if you entered lawfully, your lawful immigration status must have expired before November 20, 2014; and (2) you must not have a lawful immigration status at the time you apply for DAPA.
• Have not been convicted of certain criminal offenses, including any felonies and some misdemeanors.

If you would like to contact an experienced Immigration Attorney or have any questions about the current status of DAPA and DACA Immigration contact our office today. Pathak Law dedicates their time to all facets of Immigration Law. Rebecca Pathak and her team work with clients every day to help them achieve their goals of U.S. residency and citizenship. If you would like to contact us we can be reached at (818) 238-9444 or 24 hours a day at our website www.pathaklaw.com.

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