DemDaily: Travel Ban Take Two

March 10, 2017

It was another week of confusion and uncertainty for immigrants following the release Monday of President Trump's newly revised executive order.

The changes are an update to Trump's January 27th controversial immigration policy order, "Protecting The Nation From Foreign Terrorist Entry Into The United States" -- which set off protests nationwide and was ultimately blocked February 9th by the US Court of Appeals for the Ninth Circuit.

"The government submitted no evidence to rebut the states’ argument that the district court’s order merely returned the nation temporarily to the position it has occupied for many previous years. The government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States." - Ninth Circuit Court of Appeals Ruling

The new order is an attempt to placate legal and political opposition, but a number of states, led by Hawaii and Washington, have filed or intend to file an injunction (see yesterday's Daily: The First to File).

The Changes: new order is a softer version of the first, reducing the immigration ban from 7 to 6 countries (Iraq is no longer barred), and now exempting green-card holders, current valid visa holders, and refugees whose travel to the United States had already been approved.

Still in Play: The 120 day ban, the annual cap on number of refugees admitted to the US at 50,000 (down from 110,000 under President Barack Obama), and the establishment of VOICE (Victims Of Immigration Crime Engagement), which will publicize reports of terrorism crimes committed by foreigners.

Who it Affects: It will apply only to foreign nationals of the designated countries who:

  • are outside the United States on the effective date of the order;
  • did not have a valid visa at 5:00 PM, eastern standard time on January 27, 2017; and
  • do not have a valid visa on the effective date of this order.

Who it Doesn't Affect:

  • any lawful permanent resident of the United States;
  • any foreign national who is admitted to or paroled into the United States on or after the effective date of this order;
  • any foreign national who has a document other than a visa, valid on the effective date of this order or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as an advance parole document;
  • any dual national of a country designated under section 2 of this order when the individual is traveling on a passport issued by a non-designated country;
  • any foreign national traveling on a diplomatic or diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; or
  • any foreign national who has been granted asylum; any refugee who has already been admitted to the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture. 

Barring further judicial action, the new ban will go into effect Thursday, March 16th. DemList will keep you posted as developments unfold!

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Kimberly Scott

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