Immigration BLOG

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specifically states that the June 15, 2012 DACA memorandum and the November 20, 2014 DACA+/DAPA memorandum are not rescinded.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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On February 9, 2017, a three judge panel in the 9th Circuit Court of Appeals unanimously ruled that the injunction ordered by U.S. District Court Judge Robart against President Trump’s Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” remains in effect. Until further action by a court, the order barring implementation of the travel and refugee ban remains in place, and all individuals may apply for visas and admission to the United States without regard to nationality, to include the citizens of seven majority-Muslim countries named in the Executive Order. However, the legal battle is not over, since it is believed that President Trump will pursue further legal action through the court system. Interpretation and implementation of this Executive Order is constantly changing, not only based on the outcome of various litigation across the country, but also as the result of clarification provided by…
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