What Is The 'Muslim Ban' And Who Does It Apply To?


The 'Muslim ban' originates from Trump's Executive Order entitled 'Protecting The Nation From Foreign Terrorist Entry Into The United States.'

The Executive order:

-bans the entry of Syrian refugees indefinitely

-bans the entry of ALL refugees for 120 days or longer

-bans the entry of All citizens of seven Muslim majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days or longer.

Individuals who are citizens of the 7 enumerated countries, who were out of the country at the time of the signing of the Executive Order, or who travel out of the country and attempt to return will not be allowed to return at this time. The countries listed are subject to change and may expand at any time without notice.

Individuals who have valid visas (including students) and green cards are also affected by the executive orders banning entry on all citizens of the seven Muslim majority countries. According to the Secretary of the Department of Homeland Security, green card holders will be allowed entry on a case by case basis, 'absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare.' Because of this uncertain standard of allowing permanent residents entry into the U.S., and due to the fact that the enumerated countries are subject to change and to expand at any time without notice, it is a risky time to travel, even if you are not a citizen of one of the listed countries.

The ban also applies to dual nationals, but the Department of Homeland Security website states that

you will be treated according to the travel document you present when requesting entry into the U.S.. Therefore if you are a dual national and you apply for entry based on citizenship to one of the countries NOT on the list, like for instance you present a Canadian passport, then that is how you will be processed for entry.

For green card holders that encounter U.S. Customs and Border Patrol, do not sign a form I-407 unless you intend to relinquish your lawful permanent resident status. You can not be forced to sign this form. If you are asked to sign this form, and you do not intend to relinquish your permanent resident status, ask to go before an immigration judge and speak to an immigration attorney.

On Saturday, January 28th, a Federal Judge issued a Emergency Stay on the Executive Orders. However, the stay appears to have limited affect on the actual execution of the new policies outlined in the Executive Order. The Department of Homeland Security's website states that 'President Trump’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety.'

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© 2015 by S.A. Peterkin, PLLC

 

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