Executive Orders and R...

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Travel Ban 3.0 – On Hold by the Courts

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In two separate Federal Court decisions issued on October 17, 2017, the majority of the travel restrictions set forth in President Trump’s September 24, 2017 proclamation titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” were blocked. As a result, nationals of Iran, Libya, Syria, Yemen, Somalia and Chad will not be restricted from traveling to the United States. However, all immigrants and nonimmigrants from North Korea and certain government officials and their family members from Venezuela traveling on business or tourist visas (B-1/B-2) will continue to be restricted from travel to the U.S. The U.S. Department of Justice has stated that it will appeal these rulings.  

© Jewell Stewart & Pratt PC 2017

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USCIS Interviews of Applicants for Employment-Based Permanent Residence – Update

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As discussed in an earlier post, U.S. Citizenship and Immigration Services (USCIS) announced on August 28, 2017 that it will cease waiving interviews of applicants applying for “adjustment of status” (AOS) to U.S. permanent residence (green card) based on employment.  As part of the Trump administration’s plan to apply “extreme vetting” to would-be immigrants (and others), employment-based AOS applicants will be required to undergo an in-person interview at a USCIS field office. Approximately 130,000 applicants are expected to be affected per year. 

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Trump Administration Announces Travel Ban 3.0

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On September 24, 2017 President Trump announced an extended and enhanced version of the travel ban that was previously in place under Executive Order 13780 (EO-2). The Presidential Proclamation titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats,” a related Fact Sheet, and FAQs for the new ban are available on the White House website. As with EO-2, the ban affects immigrant and nonimmigrant visa issuance only. Therefore, nationals from the affected countries who already hold visas will not have those revoked. The U.S. Department of State has also announced that previously scheduled visa appointments will not be cancelled.

Update: Effect of new litigation in Hawaii and U.S. Supreme Court on Second Executive Order / Travel Ban 2.0

As noted in our prior blog post, the U.S. Supreme Court has partially reinstated the Trump Administration’s second Executive Order regarding travel and refugee admissions (“EO-2”), after several lower court orders impeded its implementation. However, the Supreme Court did exempt from EO-2’s reach nationals of the six affected countries with a “credible claim of a bona fide relationship with a person or entity in the United States,” such as a “close familial relationship.

Update: Effect of U.S. Supreme Court Order on Second Executive Order / Travel Ban 2.0

Executive Order 13780 (EO-2), signed by President Trump on March 6, 2017, ordered the suspension of entry by citizens and nationals of six countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen – for at least 90 days from its effective date of March 16, 2017. Litigation in U.S. federal courts temporarily prevented the ban from being carried out. The Trump Administration appealed these courts’ decisions and, on June 26, 2017, the Supreme Court of the United States (SCOTUS) decided to hear the Trump Administration’s appeals. Pending its full review and decision, SCOTUS partially reinstated EO-2.

U.S. Supreme Court Order on Second Executive Order / Travel Ban 2.0

On June 26, 2017, the Supreme Court of the United States (SCOTUS) decided to hear the Trump Administration’s appeals from the decisions of the Fourth Circuit Court of Appeals and the Ninth Circuit Court of Appeals, related to the administration’s second Executive Order regarding travel and refugee admissions (“EO-2”). SCOTUS will hear arguments from the parties in October 2017.

Ninth Circuit Decision on Travel Ban 2.0

News Release from Jewell Stewart & Pratt PC

On June 12, 2017 the U.S. Court of Appeals for the Ninth Circuit issued an order upholding the District Court’s decision to block President Trump’s second Executive Order regarding travel and refugee admissions (i.e., “Travel Ban 2.0”).

The Ninth Circuit’s order states that “the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress” and that “the Order runs afoul of other provisions of the INA that prohibit nationality-based discrimination.” The court affirmed the lower court’s decision to enjoin the travel ban and prevent suspension or limitations to the refugee program. However, the court also vacated the lower court’s decision to prevent the government’s internal reviews of visa issuance procedures.

The Ninth Circuit’s decision follows on the heels of the Fourth Circuit’s May 25, 2017 decision also blocking the ban. The administration is already seeing U.S. Supreme Court review of the Fourth Circuit decision.

© Jewell Stewart & Pratt PC 2017

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New Executive Order to "Buy American, Hire American" requires government agencies to suggest reforms to “promote the proper functioning of the H-1B visa program”

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News Release from Jewell Stewart & Pratt – April 18, 2017 An Executive Order signed by President Trump on April 18, 2017 directs the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security to, among other items, (1) suggest reforms to help “promote the proper functioning of the H-1B visa program", including ensuring that H-1B visas are awarded to the most-skilled or highest-paid beneficiaries; and (2) propose new rules and issue new guidance to protect the interests of U.S. workers in the administration of the U.S. immigration system, "including through the prevention of fraud or abuse." However, the Executive Order makes no immediate changes to any nonimmigrant visa programs, including the H-1B program. It also does not provide a deadline for the agencies to produce their proposals, guidance, and suggested reforms.

© Jewell Stewart & Pratt PC 2017

Travel Ban 2.0 Blocked Indefinitely

News Release from Jewell Stewart & Pratt – March 30, 2017 As reported on March 30, 2017 by Laura Jarrett, CNN, “A federal judge in Hawaii granted the state’s request for a longer-term halt of the revised travel ban executive order Wednesday [March 29th]. U.S. District Court Judge Derrick Watson blocked the core provisions of the revised executive order two weeks ago, concluding that the order likely violates the Establishment Clause of the Constitution by disfavoring Muslims. But Watson’s earlier decision was only a limited freeze of the executive order through a temporary restraining order. As a result, the plaintiffs asked the judge to convert that decision into a longer-term preliminary injunction and Watson agreed Wednesday night, meaning that the President’s 90-day ban on foreign nationals from six Muslim-majority countries and the 120-ban on all refugees entering the country are now blocked indefinitely, unless any higher court changes Watson’s order or the state’s lawsuit is otherwise resolved.”

Update: The Trump Administration filed an appeal to the District Court's ruling on March 30.

© Jewell Stewart & Pratt PC 2017

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State Department guidance to consular posts on heightened screening and vetting of visa applicants worldwide: "all visa decisions are national security decisions"

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Following the issuance of Executive Order 13780 by President Trump on March 6, 2017 (banning visa issuance to nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen) and the associated presidential memo to the Secretaries of State, Justice, and Homeland Security directing their agencies to implement protocols and procedures on screening and vetting of visa applicants, Secretary of State Rex Tillerson issued a series of four cables to U.S. consular posts abroad.