Law Offices of Chris M. Ingram


President Trump’s “Muslim Ban” ?

by Darron on January 26, 2017

We are monitoring very closely Trump’s Executive Order regarding banning all nationals from Iran, Sudan, Syria, Libya, Somalia, Yemen and Iraq from entering the US. What we know now, but have yet to confirm is that President Trump is seeking to place a 30-day “ban”, on all nationals from the aforementioned countries from entering the US, even on a visa.

Trump Signing Executive Order

So let us explain what is believed to be proposed.

1. A 30-day suspension goes in place upon signature of the Executive Order. No aliens from these countries can enter the US. It’s not known or stipulated as to whether aliens who already have approved visas can use them.

2. During this initial 30-day period, the Secretary of Homeland Security (SHS) and the Secretary of State (SS) will work together to review the current immigration screening processes and come up with a revised standard of screening requirements that countries will need to meet moving forward.

3. After 30 days, all countries will be given these new screening requirements and asked to comply. Those countries that are able to comply will have the suspension lifted.

4. SHS and SS will report to the President on those countries that are not able to comply and the President will take a position and act accordingly.

5. Thereafter, SHS and SS will continue to regularly report to the President as to any and all progress being made in working with the countries that may have lingering difficulties meeting the new screening standards.

How Should Our Clients and Prospective Clients React?

The above Executive Order will not affect in any way The Department of Homeland Security’s processing of visa petitions as usual. So, if you are in the process of preparing a visa application then it’s business as usual. What will change is that when a visa petition is approved and you then seek to have that visa stamped into your passport so you can enter the US, you will only get that visa stamped into your passport if your country has met the new screening requirements.


Trump Showing Signed Executive Order

Our View

Our view is that this is just another bump in the road that will ultimately be overcome. The President vowed to explore this avenue pre-election and is now doing just that. The President will need to keep any inconvenience down to a minimum or else this could provoke retaliation from those affected countries, as they could begin blocking Americans from entering their country. There are also constitutional law issues at play since the families of many American citizens will be affected. So for now, let’s just see this as a 30-90-day bump in the road and go from there.

We are expecting further clarifications over the coming days and will be sure to provide updates as needed. In the meantime, if you have a visa situation and need our help, please do not hesitate to complete an enquiry form with any questions.

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