Donald Trump's immigration executive order issued January 27, 2017
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On January 27, 2017, President Donald Trump issued an executive order, Protecting the Nation from Foreign Terrorist Entry into the United States, impacting refugee admissions and immigrant and nonimmigrant travel from seven countries. The order suspended for 90 days entry into the United States for individuals from Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen. The order also suspended refugee admissions to the United States for 120 days while the process was reviewed for additional national security measures that could be implemented. The admission of Syrian refugees was suspended indefinitely.
In response to a lawsuit against the order from the states of Washington and Minnesota, U.S. District Judge James Robart issued a temporary nationwide block of the order on February 3, 2017. The block prohibited federal employees from enforcing Section 3 and Section 5 of the executive order while the full case is considered. The Justice Department appealed Judge Robart's block, and on February 9, 2017, a three-judge panel for the Ninth Circuit Court of Appeals unanimously upheld the block. On February 16, 2017, the Department of Justice filed a brief with the Ninth Circuit stating that President Trump would be rescinding the executive order and issuing a new one to eliminate constitutional concerns.[1][2][3]
President Trump rescinded the executive order on March 6, 2017, and issued a new order to take effect on March 16.[4]
- See also: Federal policy on immigration, 2017-2020
Summary
On January 27, 2017, President Donald Trump issued an executive order titled Protecting the Nation from Foreign Terrorist Entry into the United States. Its stated purpose was to ensure that individuals admitted into the United States:
- do not "bear hostile attitudes toward [the country] and its founding principles"
- support the Constitution of the United States
- do not "place violent ideologies before American law"
- do not "engage in acts of bigotry or hatred"
- would not "oppress Americans of any race, gender, or sexual orientation"
The two primary provisions of the orders suspended the issuance of visas for individuals from certain countries and suspended the refugee admissions program.
Suspension of visas
Section 3 of the executive order directed the Secretary of Homeland Security, the Secretary of State, and the Director of National Intelligence to determine which information is necessary to verify the identity of individuals seeking visas for admission into the United States. A report on the information determined to be necessary and a list of the countries that have not historically provided such information was ordered to be submitted to the president within 30 days.
The order specified that immediately after the president received the report, the Secretary of State was to contact the governments of the countries on the list and request them to begin providing such information within 60 days. If they did not, the president could prohibit nationals of these countries from entering the United States until the foreign governments complied.
Iran has been labeled as a state sponsor of terrorism since 1984, while Sudan has carried the label since 1993. Libya, Somalia, and Yemen were labeled as countries of concern on February 18, 2016, as the Department of Homeland Security implemented the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. The act directed the Secretary of Homeland Security to determine additional countries that should be subject to travel restrictions under the Visa Waiver Program (VWP) due to associations with terrorism. Since February 18, 2016, nationals of countries eligible for the VWP who have traveled to or been present in Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011, have been ineligible for travel to the United States under the VWP. Individuals who are dual nationals of a VWP country and Iran, Iraq, Sudan, or Syria are also ineligible for admission under the VWP. Following the executive order issued on January 27, 2017, nationals of these countries were also prohibited from obtaining any visa for travel to the United States for 90 days.[5][6]
Meanwhile, the order suspended for 90 days entry into the United States of individuals from the countries referenced in subsection (a)(12) of Section 1187 of Title 8 of the United States Code. Under the statute, this includes a total of seven countries:[7][8][5]
- Iraq
- Syria
- Countries labeled by the Secretary of State as state sponsors of terrorism
- Iran
- Sudan
- Countries labeled by the Secretary of Homeland Security as countries of concern
- Libya
- Somalia
- Yemen
Iran has been labeled as a state sponsor of terrorism since 1984, while Sudan has carried the label since 1993. Libya, Somalia, and Yemen were labeled as countries of concern on February 18, 2016, as the Department of Homeland Security implemented the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. The act directed the Secretary of Homeland Security to determine additional countries that should be subject to travel restrictions under the Visa Waiver Program (VWP) due to associations with terrorism. Since February 18, 2016, nationals of countries eligible for the VWP who have traveled to or been present in Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011, have been ineligible for travel to the United States under the VWP. Individuals who are dual nationals of a VWP country and Iran, Iraq, Sudan, or Syria are also ineligible for admission under the VWP. Following the executive order issued on January 27, 2017, nationals of these countries were also prohibited from obtaining any visa for travel to the United States for 90 days.[5][9]
Suspension of refugee admissions
Section 5 of the executive order suspended the U.S. Refugee Admissions Program for 120 days, including for individuals already involved in the process. Meanwhile, the Secretary of Homeland Security, the Secretary of State, and the Director of National Intelligence were directed to review the refugee admissions process and determine which additional measures could be taken to enhance the security of the program. The order also directed the secretaries and director to implement such measures.
During the suspension of the program, the executive order still allowed refugees to be admitted on a case-by-case basis. However, the admission of any Syrian refugees was suspended indefinitely, until the president determined that the refugee program's security measures are sufficient.
After the new measures were implemented, individuals who were in the refugee admissions process at the time of suspension would be allowed to complete the process. The order specified that the full program would resume after 120 days for certain countries for which the new measures were adequate, as determined by the secretaries and director. Once the program was resumed, refugees of minority religions in their home countries were to be given priority to the extent permitted by law.
The order also reduced the number of refugee admissions for fiscal year 2017 to the ceiling specified in the Immigration and Nationality Act—50,000 per year. Each fiscal year, the president may raise this limit if it is deemed necessary. Former President Barack Obama had previously established a limit of 110,000 refugees for admission in fiscal year 2017.[10]
Other provisions
- Section 4 of the executive order calls for a uniform screening process for all immigration programs to identify individuals attempting to fraudulently enter the United States to cause harm.
- Section 7 directs the Secretary of Homeland Security to expedite the completion of a biometric entry-exit tracking system for individuals traveling to the United States and to implement the system as soon as possible.
- Section 8 suspends the Visa Interview Waiver Program, which allows certain repeat travelers to the United States to skip the step of the entry process that requires an in-person interview with a consular officer. Section 8 also orders an expansion of the Consular Fellows Program by hiring more consular officers, lengthening their service period, and offering language training.[11]
- Section 9 requires the Secretary of State to confirm that countries holding nonimmigrant visa reciprocity agreements with the United States are honoring those agreements. If they are not, the secretary is directed to adjust nonimmigrant visa treatment for the nationals of those countries to match their treatment of U.S. nationals.
- Section 10 directs the Secretary of Homeland Security and the Attorney General to collect and publicly disseminate every 180 days information on the number of foreign nationals in the United States who have been involved with terrorism-related activity while in the country, the number of foreign nationals who have committed violence against women while in the country, and "any other information relevant to public safety and security" as determined by the secretary and Attorney General.
- March 6, 2017: President Donald Trump issues a new executive order that rescinds and replaces the January 27 order.
- February 16, 2017: The Justice Department files a brief with the Ninth Circuit stating it will not seek a review of the temporary block by a full panel of the court. The brief also states that President Donald Trump would rescind the executive order and replace it with a new one to eliminate constitutional concerns.[3][12]
- February 10, 2017: NBC News reports that the Trump administration would not appeal the Ninth Circuit's decision to uphold the temporary block to the United States Supreme Court.[13]
- February 9, 2017: A three-judge panel of the Ninth Circuit Court of Appeals unanimously upholds the temporary block issued by U.S. District Judge James Robart.[2]
- February 4, 2017: The U.S. Justice Department files an appeal of the ruling from U.S. District Judge James Robart that temporarily blocked enforcement of the executive order.[14]
- February 3, 2017: U.S. District Judge James Robart rules in favor of Washington state in its suit against the executive order, issuing a temporary nationwide block prohibiting federal employees from enforcing the order.[15]
- February 1, 2017: White House Counsel Don McGahn issues a memo clarifying that the executive order does not apply to lawful permanent residents (Green Card holders).[16][17]
- January 30, 2017: President Donald Trump relieves Sally Yates from her post as Acting Attorney General after she directs the Justice Department not to defend in court the executive order issued on January 27, 2017.[18]
- January 30, 2017: Sally Yates, then-Acting Attorney General, sends a letter to her colleagues at the Justice Department stating that the department will not defend the executive order in court while she is head of the department.[19]
- January 29, 2017: Secretary of Homeland Security John F. Kelly issues a statement exempting lawful permanent residents (Green Card holders) from the executive order, deeming the entry of these individuals to be in the national interest.[20]
- January 28, 2017: U.S. District Court Judge Ann Donnelly issues an emergency stay to prevent the removal of individuals arriving in the United States from the covered countries who were detained following the order.[21]
- January 27, 2017: President Donald Trump issues an executive order suspending the issuance of visas for individuals from certain countries and suspending the refugee admissions program.[22]
Responses to the order
Lawsuit from the states of Washington and Minnesota
On January 30, 2017, the Attorney General for the state of Washington, Bob Ferguson, filed a lawsuit challenging the executive order in federal district court. Ferguson argued that the executive order amounted to religious discrimination by targeting Muslims, and therefore violated the constitutional rights of immigrants. The administration responded that the state did not have standing to sue and that the president was within his authority over immigration policy in issuing the executive order. On February 2, 2017, Minnesota joined the lawsuit as a plaintiff.[23][24]
On February 3, 2017, U.S. District Judge James Robart issued a temporary restraining order (TRO) of the executive order. The TRO blocked enforcement of Section 3 and Section 5 nationwide while the case was considered in district court. Robart wrote that Washington and Minnesota had effectively demonstrated that (1) they would be likely to succeed in their challenge of the order; (2) that they would likely suffer harm as a result of the order; (3) that it was most fair to the parties involved to issue a TRO; and (4) that a TRO was in the public interest.[25]
The United States Justice Department appealed Judge Robart's TRO to the Ninth Circuit Court of Appeals. At oral argument, held on February 7, the administration said that the president has broad power over who may enter the United States and that executive decisions regarding national security should not be second-guessed in court. The two states said that the executive order amounted to religious discrimination and threatened the safety of their residents and the health of their economies. On February 9, 2017, a three-judge panel of the court unanimously upheld the block.[26]
Sally Yates' memo
On January 30, 2017, then-Acting Attorney General Sally Yates issued a one-page memo to her colleagues at the United States Department of Justice (DOJ). The memo advised DOJ lawyers that the department would not defend the executive order issued on January 27, 2017, in court while under her leadership. Yates noted her concerns about the legality of the order and her responsibilities as Acting Attorney General:[19]
| “ | My responsibility is to ensure that the position of the Department of Justice is not only legally defensible, but is informed by our best view of what the law is after consideration of all the facts. In addition, I am responsible for ensuring that the positions we take in court remain consistent with this institution's solemn obligation to always seek justice and stand for what is right. At present, I am not convinced that the defense of the Executive Order is consistent with these responsibilities nor am I convinced that the Executive Order is lawful.[27] | ” |
| —Sally Yates | ||
Later on the same evening, the Trump administration released a statement that President Donald Trump had relieved Yates from her post. The statement said, "The acting Attorney General, Sally Yates, has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States." Trump appointed Dana Boente, U.S. Attorney for the Eastern District of Virginia, to serve in her place until the U.S. Senate formally approved a nominee for Attorney General.[18]
Congressional and local responses
- January 30, 2017:
- Senate Minority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) led a rally, along with other congressional Democrats, in front of the Supreme Court to oppose Trump's executive orders on immigration. "This order is against what we believe in in America. The order will make us unsafe. The order will make us inhumane. And the order will make us less of America because this order is what America is all about. It will make us unsafe because it will encourage those who are lone wolves as they get more and more isolated, which is our greatest danger," Schumer said.[28]
- Columbus Mayor Andrew Ginther announced that he would sign an executive order to "support the resettlement of refugees to Columbus and prohibit the detention of anyone unless a warrant exists or a criminal violation was observed," according to NBC4.[29]
- January 29, 2017: U.S. Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) issued the following joint statement, in part, in opposition to Trump's executive orders on the refugee admission program and immigration:
| “ | Our government has a responsibility to defend our borders, but we must do so in a way that makes us safer and upholds all that is decent and exceptional about our nation.
It is clear from the confusion at our airports across the nation that President Trump’s executive order was not properly vetted. We are particularly concerned by reports that this order went into effect with little to no consultation with the Departments of State, Defense, Justice, and Homeland Security. Such a hasty process risks harmful results. We should not stop green-card holders from returning to the country they call home. We should not stop those who have served as interpreters for our military and diplomats from seeking refuge in the country they risked their lives to help. And we should not turn our backs on those refugees who have been shown through extensive vetting to pose no demonstrable threat to our nation, and who have suffered unspeakable horrors, most of them women and children. Ultimately, we fear this executive order will become a self-inflicted wound in the fight against terrorism.[27] |
” |
| —U.S. Sens. John Mcain and Lindsey Graham[30] | ||
- January 28, 2017:
- U.S. Rep. Justin Amash (R-Mich.) published a statement on Facebook opposing the order because of its denial of entry to lawful permanent residents. "I agree with the president that we must do much more to properly vet refugees, but a blanket ban represents an extreme approach not consistent with our nation's values. While the executive order allows the admittance of immigrants, nonimmigrants, and refugees 'on a case-by-case basis,' arbitrariness would violate the Rule of Law. Ultimately, the executive order appears to be more about politics than safety. If the concern is radicalism and terrorism, then what about Saudi Arabia, Pakistan, and others?" Amash wrote, in part.[31]
- U.S. Sen. Susan Collins (R-Maine) expressed concern with how the order would impact Iraqi translators and bodyguards who assisted American troops.[32]
- January 27, 2017: House Speaker Paul Ryan (R-Wis.) defended the order, suggesting it would be beneficial for national security. "Our number one responsibility is to protect the homeland. We are a compassionate nation, and I support the refugee resettlement program, but it’s time to reevaluate and strengthen the visa vetting process. This is why we passed bipartisan legislation in the wake of the Paris attacks to pause the intake of refugees. President Trump is right to make sure we are doing everything possible to know exactly who is entering our country," he said in a statement.[33]
Text of order
Below is the full text of the executive order issued by President Donald Trump on January 27, 2017:[22]
Protecting the Nation from Foreign Terrorist Entry into the United States
| “ |
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows: Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States. Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States. The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism. In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law. In addition, the United States should not admit those who engage in acts of bigotry or hatred (including "honor" killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation. Sec. 2. Policy. It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes. Sec. 3. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern. (a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat. (b) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security's determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order. The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence. (c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas). (d) Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification. (e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs. (f) At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment. (g) Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked. (h) The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order. Sec. 4. Implementing Uniform Screening Standards for All Immigration Programs. (a) The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant's likelihood of becoming a positively contributing member of society and the applicant's ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States. (b) The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order. Sec. 5. Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017. (a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States. (b) Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization. (c) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest. (d) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest. (e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest -- including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship -- and it would not pose a risk to the security or welfare of the United States. (f) The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order. (g) It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees. To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement. Sec. 6. Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility. The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda. Sec. 7. Expedited Completion of the Biometric Entry-Exit Tracking System. (a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States. (b) The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section. The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order. Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational. Sec. 8. Visa Interview Security. (a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions. (b) To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected. Sec. 9. Visa Validity Reciprocity. The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable. Sec. 10. Transparency and Data Collection. (a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter: (i) information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to a terrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later; (ii) information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and (iii) information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later; and (iv) any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses. (b) The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels. Sec. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP[27] |
” |
Legal authority over immigration policy
The federal government is responsible for setting and enforcing most immigration policy, particularly regarding who is admitted into the country. The executive branch, in particular, has wide authority over immigration policy. Section 212 of the Immigration and Nationality Act of 1952 granted the president of the United States the following authority:[34][35]
| “ | Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.[27] | ” |
| —Immigration and Nationality Act of 1952, Section 212 | ||
This section of the law was specifically cited in the executive order to support the 90-day suspension of entry into the United States for individuals from Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen.
In addition, the Refugee Act of 1980, which amended the Immigration and Nationality Act, authorized the president to admit refugees who face "persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion," especially if it involves an "unforeseen emergency refugee situation." Although the Refugee Act limited the number of refugee admissions to 50,000 per year, the president may raise this limit before the start of the fiscal year. The president is required to seek appropriate consultation from the Committees on the Judiciary of the Senate and of the House of Representatives before raising the number of admitted refugees. Federal authority over immigration law was affirmed by the U.S. Supreme Court in its 2012 decision, Arizona v. United States.[36][37][38]
Recent news
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See also
Footnotes
- ↑ The Seattle Times, "Judge in Seattle halts Trump’s immigration order nationwide," February 3, 2017
- ↑ 2.0 2.1 The New York Times, "Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss," February 9, 2017
- ↑ 3.0 3.1 Reuters, "U.S. Justice Dept says Trump to replace travel ban order in near future," February 16, 2017
- ↑ The White House, "Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States," March 6, 2017
- ↑ 5.0 5.1 5.2 U.S. Department of Homeland Security, "DHS Announces Further Travel Restrictions for the Visa Waiver Program," February 18, 2016
- ↑ U.S. Department of State, Bureau of Consular Affairs, "Visa Waiver Program," accessed January 30, 2017
- ↑ Legal Information Institute, "8 U.S. Code § 1187 - Visa waiver program for certain visitors," accessed January 30, 2017
- ↑ U.S. Department of State, "State Sponsors of Terrorism," accessed January 30, 2017
- ↑ U.S. Department of State, Bureau of Consular Affairs, "Visa Waiver Program," accessed January 30, 2017
- ↑ The White House, "Presidential Determination -- Refugee Admissions for Fiscal Year 2017," September 28, 2016
- ↑ Immihelp, "US Visa Interview Waiver and Visa Renewal," accessed January 31, 2017
- ↑ The Associated Press, "Trump administration says it will revise travel ban," February 16, 2017
- ↑ CNBC, "White House doesn't plan to take travel ban fight to Supreme Court, plans to defend its merits: NBCNews," February 10, 2017
- ↑ United States District Court for the Western District of Washington, "Notice of Appeal," February 4, 2017
- ↑ The Seattle Times, "Judge in Seattle halts Trump’s immigration order nationwide," February 3, 2017
- ↑ Politico, "White House tweaks Trump's travel ban to exempt green card holders," February 1, 2017
- ↑ The White House, "MEMORANDUM TO THE ACTING SECRETARY OF STATE, THE ACTING ATTORNEY GENERAL, AND THE SECRETARY OF HOMELAND SECURITY ," February 1, 2017
- ↑ 18.0 18.1 The White House, "Statement on the Appointment of Dana Boente as Acting Attorney General," January 30, 2017
- ↑ 19.0 19.1 The New York Times, "Letter From Sally Yates," January 30, 2017
- ↑ U.S. Department of Homeland Security, "Statement By Secretary John Kelly On The Entry Of Lawful Permanent Residents Into The United States," January 29, 2017
- ↑ The Hill, "Judge blocks deportation of detainees over Trump refugee order," January 28, 2017
- ↑ 22.0 22.1 The White House, "EXECUTIVE ORDER: PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES," January 27, 2017
- ↑ The Seattle Times, "Judge in Seattle halts Trump’s immigration order nationwide; White House vows fight," February 3, 2017
- ↑ Star Tribune, "Minnesota suing Trump administration over refugee order," February 2, 2017
- ↑ United States District Court for the Western District of Washington, "State of Washington v. Trump - Temporary Restraining Order," February 3, 2017
- ↑ The New York Times, "Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss," February 9, 2017
- ↑ 27.0 27.1 27.2 27.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ CNN, "Democrats protest Trump's travel ban outside Supreme Court," January 30, 2017
- ↑ NBC4i, "Mayor Ginther to sign order supporting settlement of refugees in Columbus," January 30, 2017
- ↑ John McCain, "Statement by Senators McCain & Grham on Executive Order on Immigration, January 29, 2017
- ↑ Facebook, "Justin Amash," January 28, 2017
- ↑ Maine Sun Journal, "Maine's senators denounce Trump's ban on immigration from 7 Muslim countries," January 28, 2017
- ↑ Speaker Paul Ryan, "Statement on President Trump’s Executive Actions on National Security," January 27, 2017
- ↑ Government Publishing Office, "Immigration and Nationality Act of 1952," accessed March 14, 2017
- ↑ Time, "What to Know About the 1952 Law Invoked by President Trump’s Immigration Order," February 6, 2017
- ↑ U.S. Government Publishing Office, "Public Law 96-212," accessed November 17, 2015
- ↑ U.S. Citizenship and Immigration Services, "INA: ACT 207 - Annual Admission of Refugees and Admission of Emergency Situation Refugees," accessed December 19, 2016
- ↑ Oyez, "Arizona v. United States," accessed November 18, 2015
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