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President Trumps Executive Orders on Immigration

On January 27, 2017, President Trump issued his first executive order on immigration. It, however, was met with immediate backlash from both Democrats and Republicans and the people of the United States. Many legal challenges were also made and an injunction (an order not to enforce the EO) was issued in a District Court in Washington State on February 3, 2017.

As a result, On March 6, 2017, Pres. Trump signed a new executive order (EO) regarding immigration. Specifically, Pres. Trump sought to keep out certain people who the current administration thinks are terrorists. Many people believe, and Pres. Trump has stated while campaigning, that this is a “muslim ban.” Below is a brief overview of what the most recent EO covers.

1 – The EO is concerned with people trying to obtain visas to enter the U.S. from the following countries:

- Iraq

- Iran

- Libya

- Somalia

- Sudan

- Syria

- Yemen

People from these countries are prohibited from entering the U.S. (with a visa) or being issued visas for 90 days if:

  1. people are outside the U.S. as of March 6 , 2017;
  2. those who did not have a valid visa issued by 5pm on January 27, 2017 or as of the effective date of the order.

EXCEPTIONS:

  1. Legal Permanent Residents
  2. People who were issued visas before the effective date of the EO
  3. Dual nationals of a country designated above
  4. People with diplomatic visas
  5. People who have been granted asylum or refugee who has been admitted to the US or has advanced parole for any reason
  6. Iraqi nationals – subject to additional scrutiny but not necessarily barred from entry

Waiver to allow entry even if from one of the prohibited countries: CBP can, in it’s discretion, permit the entry of, a foreign national for whom entry is otherwise suspended if the foreign national has demonstrated to the officer's satisfaction that denying entry during the suspension period would cause undue hardship, and that his or her entry would not pose a threat to national security and would be in the national interest.

US Citizenship and Immigration Services (USCIS) also stopped deciding adjustment of status applications for immigrants from these countries.

Good News

The State of Hawaii challenges the new EO and asks for another injunction. The judge grants the injunction and so does another judge in Maryland. The judge in Maryland makes the injunction nationwide. The judge in Maryland finds that the EO cannot be enforced because it was created to discriminate against Muslims. A couple of weeks later, the judge in Hawaii agrees that the EO is meant to discriminate against Muslims and extends the injunction.

As of today, the EO is not in effect but legal challenges by the Department of Justice regarding the injunctions are still being fought in the courts.