Immigration Update on Executive Orders

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July 2017

Executive Orders


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Executive Orders in English

“Protecting the Nation from Terrorist Attacks by Foreign Nationals” – (signed 1/27/16) 

While many parts of this order were halted by judicial order, the Supreme Court has allowed part of it to go into effect and will hear the case in October 2017.
 
The order as it stands now:
  • Starting June 2017, bans the entry of certainnationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from the United States for at least 90 days and suspends the admission of all refugees from all countries for 120 days.
  • Individuals from the six countries above and refugees who will NOT be excluded and can enter the country must be able to show that they have a “close familial relationship” with someone already here (only includes immediate family) or have a “formal, documented” relationship with an American entity formed “in the ordinary course” of business.
  • • Visas that were already issued have not been revoked. R efugees, regardless of nationality, whose travel was already formally scheduled by the Department of State, or for whom the Department of State has determined that a waiver is warranted under the Executive Order, can enter the United States in the next 120 days. They must still prove a bona fide relationship to be allowed admission.
  • During the ban, consular officers/border patrol agents may allow certain people who fit the profile above to enter thecountry if they can show that denial of entry would cause "undue hardship", they pose no security risks, and it is in the national interest to allow them to enter. There have been reports of enhanced screenings at airports for Iranians, which may continue.
  • • Reduces refugee admissions from 110,000 to 50,000 for Fiscal Year 2017

Read More from WhiteHouse.Gov

 

“Border Security & Immigration Enforcement Improvements(signed 1/25/17) 

  • Orders the immediate construction of a physical wall on the Southern Border. 
  • Orders the construction of detention centers near the Southern Border. 
  • Ends the “Catch and Release” practice at the border and orders detention of those who enter the U.S. without permission. 
  • Orders expedited determinations of pending removal cases for those in detention and assigns immigration judges to courts located in detention facilities. 
  • Orders the hiring of 5,000 new Border Patrol Agents. 

Read More from WhiteHouse.Gov

 

Enhancing Public Safety in the Interior of the United States” (signed 1/25/17)

  • Reinitiates “Secure Communities”, a program designed to identify immigrants in U.S. jails who are deportable.
  • Promotes agreements which empower state & local law enforcement officers with federal immigration en-forcement capabilities. 
  • Orders the hiring of 10,000 new Immigration and Customs Enforcement officers. 
  • Requires that DHS collect penalties from unauthorized persons and entities that “facilitate their presence.” 
  • Declares that localities that “willfully refuse to comply” with federal laws (i.e., Sanctuary Cities) will not receive federal grants, except as “mandated by law for enforcement purposes” (*A Sanctuary City is one which has policies and practices to protect immigrants regardless of whether or not they are documented.) The Secretary of Homeland Security has the authority to designate which jurisdictions are “sanctuaries.” 
  • In addition to existing criminal, security and misrepresentation grounds of removal under the immigration law, designates the following categories of removable non-citizens as priority for enforcement: 
  • Persons convicted of any criminal offense; 
  • Persons charged with ANY criminal offense, where such “charge has not been resolved”; 
  • Persons who have committed acts that constitute a chargeable criminal offense 
  • Persons who have engaged in fraud or willful misrepresentation in connection with any official matter” or application before a governmental agency; 
  • Persons who have “abused” any program related to receipt of public benefits; 
  • Persons subject to a final Order of Removal but who have failed to depart; 
  • Persons who in the judgment of an immigration officer pose a risk to public safety or national security. 

Read More from WhiteHouse.Gov

 

What this means for our communities?

 
PRECAUTIONS FOR NON-CITIZENS 
  • Consult with an attorney or legal organization prior to making international travel plans. 
  • Carry a valid state or city I.D., if possible. 
  • If any arrest history, consult with an attorney and avoid contact with immigration authorities. 
  • If represented by an attorney, carry the attorney’s business card or contact information. 
  • Do not make any misrepresentations on official documents, such as government applications for food stamps, driver’s licenses, school forms, etc. 
  • Do not lie to law enforcement. 
  • Do not drink and drive, speed, drive with a broken tail light, or without a license, or violate any traffic ordinance, or any other law which would give law enforcement a reason for a stop and/or arrest. 
  • Do not jump the turnstile or avoid paying the fare if using public transportation. Such minor infractions could lead to an arrest, conviction and possible removal from the U.S. 
NON-CITIZENS WHO HAVE ANY HISTORY OF ARREST OR CRIMINAL CONVICTIONS: 
  • Obtain certificates of disposition for all arrests and have them reviewed by an immigration attorney. Certificates of disposition should not be given to immigration officers without being discussed with an immigration attorney.
  • Those charged with any criminal offense, or even a summons, must consult with a criminal/immigration attorney before pleading guilty to anything. Many offenses which seem minor can result in the initiation of removal proceedings. 
  • Those with pending criminal charges must ensure that they appear at every court date and avoid issuance of a warrant by the court. If a warrant is issued not only is the non-citizen subject to detention, but law enforcement may turn them over to the immigration authorities for removal from the U.S.

 

Plan Ahead

  • Gather passports, birth, marriage and divorce certificates, prescriptions, as well as children’s documents and immunization records. 

  • Original documents and a copy should be kept in a safe location that can be accessed by loved ones or a legal representative in case of an emergency.

  • Know your Alien (“A”) number, if you have one. The “A” number is the key to information about your immigration case. It is used by the immigration authorities to identify each individual who is not a citizen of the U.S.

  • Designate at least two emergency contacts who can assume the responsibility of retrieving your documents and care for your children and property in your absence. If possible, designate a Lawful Permanent Resident or U.S. citizen as one of the emergency contacts.

  • Prepare and have Power of Attorney documents that someone you trust can use to access your bank account, care for your children or other legal matters.

  • Do not rely on cell phones - memorize and write important telephone numbers (i.e. your attorney, emergency contacts); share the list of phone numbers with family and your emergency contacts.

  • Keep emergency contacts at your child’s school up-to-date.

 

Know Your Rights

  • During encounterswith law enforcement, you: 
  • o Have the right to remain silent .You should not discuss immigration case details withlaw enforcement, nor tell them your placeof birth.
    o Have theright to ask to speak with lawyer.
    o ONLY have to provide your name, address and state/city I.D.or driver's license Do NOT give false documents or documents that list your place of birth.
     
  • Immigration agents do not have a right to enter your home without a warrant signed by a Judge. Ask the agent to slip the warrant under the door. Do NOT open the door if there is no warrant.
  • If detained, you may have t he right to a hearing before an immigration judge – nothing needs to be signed to have a hearing. Do NOT sign documents you do not understand.
  • You have the right to legal representation. While the government will not pay for an attorney , you have a right to be representedby an attorney.
    Call The New Americans Hotline 1-800-566-7636 to find free legal assistance.