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The State Department has sent a series of cables to U.S. consulate officials on the implementation of President Donald Trump’s March 6 Executive Order, including a March 17 memo aimed at implementing heightened screening of certain visa applicants.
The State Department sent out four cables over the past two weeks on the implementation of Trump’s Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States, portions of which were blocked in federal court, but portions of which remain in effect. The cables had been protected from public release, but were published in the press Thursday.
Of the four, only one, a cable issued March 17, takes immediate effect. The March 17 cable directs consular posts to take all possible precautions to refuse and send for administrative processing or security clearance cases that might pose security concerns. It also directs diplomatic posts to establish working groups to develop a list of criteria identifying sets of post-applicant populations warranting increased scrutiny.
The March 17 cable additionally requires security clearances for all Iraqi nationals who were ever present in areas controlled by ISIS. It requires a “mandatory social media review” for applicants who may have ties to ISIS or have been in areas controlled by the group. The cable limits consular officers generally to no more than 120 interviews per day, a change that could cause backlogs and processing delays.
A separate cable requires persons presenting security concerns to provide additional information to consular officials, though these requirements have been suspended pending approval from the Office of Management and Budget. This is presumably because of the legal requirements of the Paperwork Reduction Act of 1995.
In light of possible OMB approval, however, applicants whose nationality or background may raise security concerns should be prepared to provide additional information, including: (1) travel history over the last 15 years; (2) names of siblings, children and former spouses not already recorded in the DS-160/260 or NIV/IVO case notes; (3) addresses over the last 15 years; (4) prior passport numbers; (5) prior jobs and employers, including brief descriptions if applicable, for the last 15 years; (6) any phone number the applicant has used in the last five years; (7) email addresses and social media handles the applicants has used in the last five years.
One of the four cables, which would have implemented Trump’s revised travel ban, was suspended pending further court action after federal judges in Hawaii and Maryland stopped the travel ban from taking effect last week.
BAL Analysis: The additional screening requirements and the limits on interviews could result in increased administrative processing delays for some applicants and may exacerbate interview appointment backlogs. Applicants who may be flagged for additional screening should be prepared to provide the additional information described above and should plan for the possibility of increased delays in their visa application process.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The United States and United Kingdom announced Tuesday that passengers on inbound flights from certain Muslim-majority countries would be barred from carrying laptops, tablets and other electronic devices in their carry-on luggage.
Key Points:
The affected airports are: Cairo International Airport in Egypt; Queen Alia International Airport in Jordan; Kuwait International Airport in Kuwait; Mohammed V International Airport in Morocco; Hamad International Airport in Qatar; King Abdulaziz International Airport and King Khalid International Airport in Saudi Arabia; Istanbul Ataturk Airport in Turkey and Dubai International Airport and Abu Dhabi International Airport in the United Arab Emirates.
The policy took effect Tuesday and airlines were given 96 hours to comply. Phones will still be permitted, but the items listed above will have to be placed in checked luggage. DHS said in a statement online that the measures were indefinite. DHS released a Fact Sheetand FAQ with additional information.
Most phones, though not those larger than the dimensions provided, will be permitted. Additional information is available on the Department for Transportwebsite or the Foreign and Commonwealth Office’s travel advice site. Officials urged travelers to contact their airlines with questions about transporting laptops, tablets and other items that would not be allowed in the cabin.
BAL Analysis: Officials in both the U.S. and the U.K. said the new policies were put in place for security reasons. The measures will apply to passengers of all nationalities, but will not apply to domestic travel in the U.S. or U.K. or to flights departing from the U.S. or the U.K. The changes may inhibit the ability of business travelers to work while flying from one of the affected airports or countries to the U.S. or the U.K. They may also cause delays at the airport, particularly for those who are unaware that laptops, tablets and certain other items will not be permitted in carry-on luggage. BAL will continue to follow this issue, including any information about how long the restrictions might remain in place.
The Trump administration has notified a federal court in Maryland that it will appeal a judge’s ruling blocking the administration’s new Executive Order on travel from taking effect.
Federal courts in Maryland and Hawaii ruled this week to block the Executive Order from being implemented. In both cases, the judges concluded that an injunction blocking enforcement of the order was appropriate after determining that plaintiffs had demonstrated a strong likelihood of success on the merits of their cases.
The administration’s decision to appeal the Maryland ruling means that a three-judge panel for the Fourth Circuit Court of Appeals will hear the appeal.
Trump’s March 6 Executive Order would temporarily halt visa issuance to nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen. It was issued after a broader Executive Order, signed in late January, stalled in federal court.
BAL Analysis: The March 6 order is not currently being enforced, and foreign nationals should be able to enter the U.S. under the rules that were in place before it was signed. Litigation is ongoing, however, and employers with personnel who are covered by the March 6 order should continue to advise their employees to exercise caution when planning travel. BAL continues to closely watch developments on this matter and will update clients on any changes.
U.S. Citizenship and Immigration Services has announced that in April it will only accept employment-based adjustment-of-status applications based on the Application Final Action Dates chart.
The Dates for Filing chart published in the State Department’s April Visa Bulletin will not apply. Employment-based immigrants must follow the Application Final Action Dates chart (below) to determine whether they are eligible to file their adjustment-of-status petitions with USCIS. Only applicants with priority dates earlier than the dates listed in the chart will be permitted to file their applications for adjustment of status in April.
Application Final Action Dates for Employment-Based Preference Cases:
Family-based immigrants will be permitted to use the Dates for Filing chart applicable to family-sponsored immigrants, which was also in the April Visa Bulletin.
A federal judge in Hawaii has ordered a halt to President Donald Trump’s Executive Order to stop visa issuance to nationals of six Muslim-majority countries.
The nationwide injunction was issued just hours before the order was set to take effect at 12:01 a.m. EDT.
“Plaintiffs have shown a strong likelihood of succeeding on their claim that the Executive Order violates First Amendment rights under the Constitution,” wrote U.S. District Judge Derrick K. Watson, adding, “When considered alongside the constitutional injuries and harms discussed above, and the questionable evidence supporting the Government’s national security motivations, the balance of equities and public interests justify granting (a temporary restraining order).”
The March 6 order would have prevented nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen from traveling to the U.S. for a 90-day period except for cases where an exemption or waiver applied. It was signed after a broader Executive Order, issued in late January, stalled in federal court.
The Trump administration had hoped the new order would survive judicial review. The revised version included exemptions for green card holders, current visa holders and dual nationals. It also did not cover Iraqi nationals, who were included in the initial Executive Order.
BAL Analysis: The ruling means that for the time being foreign nationals covered by the Executive Order can continue traveling to and from the U.S. as they could before the order was signed. The ruling did not reach the merits of the case, however. And employers with personnel inside the U.S. who would have been subject to the order should continue to advise their employees to exercise caution when planning travel because the litigation is ongoing. BAL is carefully monitoring the government’s reaction to the decision, and will continue to provide updates on important developments.
President Donald Trump’s Executive Order to halt visa issuance to nationals of six countries for 90 days is set to take effect Thursday.
Several courts are considering legal challenges to block the order. Absent a ruling to stop it from taking effect, however, the order will be enforced beginning at 12:01 a.m. EDT.
Key points:
BAL Analysis: The Executive Order will take effect Thursday unless a court rules to block it. BAL will continue to follow the legal challenges to the order and will alert clients to any significant developments.
U.S. Citizenship and Immigration Services offices as far north as Maine and as far south as Virginia were closed for all or part of Tuesday as a powerful storm struck the Northeast and Mid-Atlantic.
Applicants who had appointments for interviews or biometrics at closed USCIS field offices will automatically have their appointments rescheduled. Applicants who had InfoPass or other appointments scheduled are asked to reschedule them on their own as soon as possible.
As of 7 p.m. EDT, the National Weather Service had reported more than a foot of snow in parts of Pennsylvania, New Jersey and New York. The Associated Press reported that more than 6,000 flights had been canceled.
BAL Analysis: An up-to-date list of USCIS office closures is available on this website, which also provides information on how to reschedule appointments that were canceled because of the weather. Those with flights into or out of airports on the East Coast may wish to check their flight status with their airline before traveling to the airport.
The Department of Homeland Security has signaled in recent weeks that it will more aggressively enforce the country’s laws on removing immigrants who are in the country illegally.
While the administration’s immigration enforcement efforts have focused largely on removing undocumented immigrants, the stepped-up enforcement makes it all the more important for immigrants and nonimmigrant visa holders to carry proper documentation as required by federal law. Specifically, federal law requires every foreign national, including lawful permanent residents age 18 or older, to carry documentation evidencing their immigration status. This can be:
Background: DHS issued a memorandum on Feb. 20 detailing its immigration enforcement priorities, saying it would prioritize removal for undocumented immigrants who have been convicted or charged with a criminal offense, have committed acts that could constitute a criminal charge, have engaged in fraud or misrepresentation before a government agency, have abused public benefit programs, have not complied with a legal obligation to leave the country or otherwise pose a risk to public safety or national security. DHS stressed that it would not focus removal efforts, for now, on undocumented immigrants who were brought to the U.S. as children.
BAL Analysis: The federal rules requiring foreign nationals to carry the documents listed above are not new. BAL has not yet seen an increase in the enforcement of these rules, but the general posture of the federal government suggests that DHS may begin enforcing rules requiring immigrants and nonimmigrant visa holders to carry documents evidencing their immigration status. Those with concerns about carrying original documents on a daily basis should at minimum consider carrying a hard copy or having access to an electronic copy. Anyone who has lost any of the documents listed above or believes there is an error on their immigration document should contact BAL immediately.
Priority cutoff dates for China EB-3 and Philippines EB-3 will advance significantly next month, according to the State Department’s April Visa Bulletin. India EB-2, China EB-2 and most EB-3 categories will advance more modestly.
Key movements in priority cutoff dates:
Additional notes: All EB-1 categories will remain current. All EB-2 categories other than India and China will also remain current.
The State Department also released its Dates for Filing chart for April 2017. Applicants seeking to file for adjustment of status are reminded that the chart does not take effect unless USCIS confirms it via a web posting. BAL will update clients once officials confirm whether the chart can be used in April.
The State of Hawaii has filed a lawsuit asking a federal judge to halt the implementation of President Donald Trump’s revised Executive Order calling for a 90-day halt to visa issuance to nationals of six countries – Iran, Libya, Somalia, Sudan, Syria and Yemen.
The new Executive Order is set to take effect March 16. Litigation was widely expected, and Hawaii became the first party to challenge the new order late Tuesday night.
Background: The March 6 Executive Order was issued after an initial travel ban stalled in federal court. The new order was written in part to survive judicial review, and Attorney General Jeff Sessions said at a press conference Monday that it represented a “lawful and proper exercise of presidential authority.” The order permits travel by green card holders, current visa holders and dual nationals. It also does not cover Iraqi nationals, who were included in the initial Executive Order.
Hawaii had filed a lawsuit to stop the implementation of the first order, but that litigation was rendered moot after a federal judge in Washington imposed a nationwide injunction that was later upheld by the Ninth Circuit court of appeals. Attorneys for Hawaii said their filing that the “second Executive Order is infected with the same legal problems as the first Order” and will ask the court to block its implementation until questions of the order’s legality can be settled.
BAL Analysis: BAL will continue to follow the legal challenges to the March 6 Executive Order, which, absent a court ruling to block its implementation, is set to take effect March 16. From now until March 16, foreign nationals should continue to be able to enter the U.S. under the rules that were in place before the initial Executive Order was signed. Employers with personnel inside the U.S. who would be subject to the new order, however, should continue to advise employees to exercise caution in planning travel.