Immigration BLOG

On March 15, 2017, the U.S. District Court for the District of Hawaii issued a worldwide temporary restraining order stopping the government from implementing the 90-day travel ban on entry into the U.S. by immigrants and nonimmigrants from six predominantly Muslim countries (Iran, Libya, Somalia, Sudan, Syria and Yemen), and the 120-day ban on the U.S. refugee program of President Trump’s Executive Order issued on March 6, 2017 (see discussion below). In addition, on March 16, 2017, the U.S. District Court of the District of Maryland joined the District of Hawaii. With the ruling of these two judges – others may follow – travelers from these six Muslim-majority countries and refugees will still be able to travel to the United States. The Department of State has advised that U.S. Embassies and Consulates will continue to process visas for nationals of the six countries as before. Interpretation and implementation of this…
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On March 6, 2017, President Trump issued a new Executive Order entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States,” effective March 16, 2017, which revoked the January 27, 2017 Order (see previous blog). Beginning March 16, 2016, the new Order prohibits entry into the U.S. by immigrants and nonimmigrants from six predominantly Muslim countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen – for at least 90 days.  Some exceptions and case-by-case waivers could be applied to nationals of these 6 countries, provided that the foreign national is able to demonstrate that his or her entry into the U.S. is in the national interest, will not pose a threat to national security, and that denying entry during the suspension period will cause undue hardship.  This Order applies to foreign nationals of these 6 countries who are outside of the U.S. on March 16, 2017, did not…
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On February 20, 2017, Department of Homeland Security (DHS) Secretary John Kelly signed two memoranda implementing President Trump’s Executive Orders on immigration enforcement, both at the border and within the United States, thus drastically increasing immigration enforcement nationwide. Please note that the Memorandum dealing with interior enforcement specifically states that the June 15, 2012 DACA memorandum and the November 20, 2014 DACA+/DAPA memorandum are not rescinded. Below, is a summary of the portions of each Memoranda having the most severe impact on foreign nationals. INTERIOR ENFORCEMENT The Memorandum implementing the Executive Order entitled “Enforcement of the Immigration Laws to Serve the National Interest,” states that the DHS will execute the immigration laws against all removable individuals and will no longer “exempt classes or categories of removable” individuals from enforcement.  In other words – all removable individuals are a priority and subject to deportation. The Memorandum lists individuals described in: INA…
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