Managing the U.S. Immigration Travel Ban (Audio)

February 1, 2017 — The following is a summary on the affect of the recently implemented U.S. administration’s executive order, banning immigration and travel to the United States for millions of individuals from seven majority Muslim countries.

1) Trump’s Executive Order

Trump signed an executive order on Friday, January 27 2017 that placed a temporary ban on entry to the U.S. for citizens of seven Muslim nations: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The 90-day ban expires on April 27, 2017 with a view to giving time for the Trump administration to set up its ‘extreme vetting’ procedure.

The order also blocked all refugees from entering the U.S. for 120 days, and blocked the entry of refugees from Syria indefinitely. It cut by more than half the number of refugees the U.S. plans to accept in 2017, from 110,000 to 50,000.

The order excluded officials with diplomatic credentials.

2) Confusion on Scope of Application to Dual Citizens

The order appeared to come with little guidance on implementation, and significant ambiguity about who it covered and who it did not. At best it can be described as poorly thought out, at worst a panic-inducing disaster.

Both citizens of the seven countries and refugees were already on flights to the U.S. These people, thought to number in the hundreds, were detained at airports when they arrived. News quickly spread of the detentions, making airports the focal point of protests in the U.S.

Authorities began stopping visa holders and green card holders from boarding flights. Initially, it seemed even permanent residents of the U.S. who happened to be out of the country would not be allowed to return. Both visa holders and green card holders have already been through extensive background checks before getting their documents. In the fallout, one of the many clarifications stated that green card holders would be allowed entry, but not visa holders.

Dual passport holders were also banned, but since Friday several countries have been made exempt from this. Canada was the first, followed by Britain and Australia. People who hold passports from these countries and one of the seven banned countries can still enter the U.S., provided certain conditions are met.

Canadian permanent residents are also understood to be exempt from the travel ban, although total clarity is difficult to obtain.

Individuals with ties to any of the seven countries can expect intensive questioning and long delays during pre-clearance interviews.  All individuals intending to enter the U.S. must also be mindful that border agents have authority to request access to mobile phones and devices for inspection.

The ban could still be extended to include other countries. Once the ‘extreme vetting’ procedure has been drawn up, citizens of countries who do not provide the required information within 60 days will be banned.

3) What To Do if You Are Stranded

Hundreds of people were initially left stranded at U.S. airports after the ban. The American legal system swept into action, issuing orders preventing border officials deporting people. Those with valid refugee or visa status are being help by the American Civil Liberties Union.

Canada’s Immigration Minister, Ahmed Hussen, quickly issued a directive saying anyone stranded at the Canadian border would be given temporary residence. There are more than 35,000 Canadians with dual citizenship from one of the affected countries.

New Canadian Citizens From 7 Banned Countries

Source: Immigration, Refugees and Citizenship Canada
*Data for January to September only

Permanent Resident Admissions To Canada From 7 Banned Countries

Source: Immigration, Refugees and Citizenship Canada
*Data for January to September only

There have been several calls for Canada to offer temporary residence to all those stranded in the U.S., as these individuals have already completed a reliable vetting process.  Further vetting could be concluded quickly by Canadian immigration officials. Also, under the Safe Third Country Agreement, refugees denied access to the U.S. cannot just seek asylum in Canada. Since Trump’s ban, campaigners have called on Canada to suspend the agreement, but that is unlikely.

4) The Authority of the Presidential Executive Order

Once signed, a presidential executive order becomes law, but it is open to legal challenge in the U.S. Judges have already found against the Trump administration in terms of preventing it from deporting people, but that is only a small part of the order.

For the whole order to be overturned, the issue centres around the U.S. constitution, which prevents discrimination on the basis of religion. This is why Trump’s staff have continuously pointed out that the ban covers only seven of the world’s Muslim countries. They say this shows they are targeting countries, not a whole religion. When America’s most senior lawyer, acting attorney general Sally Yates, instructed Department of Justice prosecutors not to defend the ban, Trump fired her. The state of Washington is also suing Trump over the order.

The U.S. Congress could also move to overturn the ban, but Trump’s majority in the House of Representatives and the Senate makes this unlikely.

5) How Canada Reacted

Prime Minister Justin Trudeau led Canada’s reaction, prompting headlines around the world with a tweet which read: “To those fleeing persecution, terror & war, Canadians will welcome you, regardless of your faith. Diversity is our strength #WelcometoCanada.”

Then Immigration Minister Hussen said those stranded at the Canadian border would be given temporary residence.

Canada’s mayors and provincial politicians have been outspoken in their criticism.

A stronger response from Canada against the U.S. seems unlikely to emerge because of upcoming negotiations concerning the North American Free Trade Agreement (NAFTA), which Trump has threatened to renegotiate.

6) Reaction from the Business Community

Technology companies across the U.S. have widely condemned the order, with Google recalling staff and Amazon promising to help with legal challenges. Canadian tech companies have joined in the condemnation, although there is a belief they could benefit from the ban by attracting a swathe of new talent north of the border. Starbucks, meanwhile, said it would open 10,000 vacancies all over the world for refugees.

7) Future Travel Plans

Non-Canadians who are affected individuals on non-immigrant status in the U.S. should avoid leaving the U.S. for the duration of the ban; while those wishing to travel to the U.S. should delay such plans until such time as this ban has concluded.  Dual Nationals affected by the ban may strongly consider travelling to the U.S. via Canada where pre-clearance inspection can be conducted. Canadians with any ties to the listed countries, wishing to enter the U.S. should expect to undergo enhanced questioning resulting in long delays.

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