Trump travel ban – Reporters Nepal https://nepalireporter.com Impart Educate Propel Tue, 05 Dec 2017 09:31:59 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.6 https://nepalireporter.com/wp-content/uploads/2023/01/cropped-RN_Logo-32x32.png Trump travel ban – Reporters Nepal https://nepalireporter.com 32 32 Supreme Court allows full enforcement of Trump travel ban https://nepalireporter.com/2017/12/43455 https://nepalireporter.com/2017/12/43455#respond Tue, 05 Dec 2017 09:31:49 +0000 http://nepalireporter.com/?p=43455 Trump travel banThe Supreme Court on Monday allowed the Trump administration to fully enforce a ban on travel to the United States by residents of six mostly Muslim countries.]]> Trump travel ban

WASHINGTON , Dec 5: The Supreme Court on Monday allowed the Trump administration to fully enforce a ban on travel to the United States by residents of six mostly Muslim countries.

This is not a final ruling on the travel ban: Challenges to the policy are winding through the federal courts, and the justices themselves ultimately are expected to rule on its legality.

But the action indicates that the high court might eventually approve the latest version of the ban, announced by President Donald Trump in September. Lower courts have continued to find problems with the policy.

White House spokesman Hogan Gidley said the White House is “not surprised by today’s Supreme Court decision permitting immediate enforcement of the President’s proclamation limiting travel from countries presenting heightened risks of terrorism.”

Opponents of this and previous versions of the ban say they show a bias against Muslims. They say that was reinforced most recently by Trump’s retweets of anti-Muslim videos.

“President Trump’s anti-Muslim prejudice is no secret. He has repeatedly confirmed it, including just last week on Twitter. It’s unfortunate that the full ban can move forward for now, but this order does not address the merits of our claims,” said Omar Jadwat, director of the American Civil Liberties Union’s Immigrants’ Rights Project. The ACLU is representing some opponents of the ban.

Just two justices, Ruth Bader Ginsburg and Sonia Sotomayor, noted their disagreement with court orders allowing the latest policy to take full effect.

The new policy is not expected to cause the chaos that ensued at airports when Trump rolled out his first ban without warning in January.

The ban applies to travelers from Chad, Iran, Libya, Somalia, Syria and Yemen. Lower courts had said people from those nations with a claim of a “bona fide” relationship with someone in the United States could not be kept out of the country. Grandparents, cousins and other relatives were among those courts said could not be excluded.

The courts were borrowing language the Supreme Court itself came up with last summer to allow partial enforcement of an earlier version of the ban.

Now, those relationships will no longer provide a blanket exemption from the ban, although visa officials can make exceptions on a case-by-case basis.

The justices offered no explanation for their order, but the administration had said that blocking the full ban was causing “irreparable harm” because the policy is based on legitimate national security and foreign policy concerns.

In lawsuits filed in Hawaii and Maryland, federal courts said the updated travel ban violated federal immigration law. The travel policy also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits did not challenge those restrictions. Also unaffected are refugees. A temporary ban on refugees expired in October.

All the rulings so far have been on a preliminary basis. The San Francisco-based 9th U.S. Circuit Court of Appeals and the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, will be holding arguments on the legality of the ban this week.

David Levine, a University of California Hastings law school professor, said that by allowing the ban to take effect just days before the appeals court arguments, the justices were signaling their view.

“I think it’s tipping the hand of the Supreme Court,” Levine said. “It suggests that from their understanding, the government is more likely to prevail on the merits than we might have thought.”

Both appeals courts are dealing with the issue on an accelerated basis, and the Supreme Court noted it expects those courts to reach decisions “with appropriate dispatch.”

Quick resolution by appellate courts would allow the Supreme Court to hear and decide the issue this term, by the end of June. AP

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Travel ban takes effect but less chaos expected https://nepalireporter.com/2017/06/37827 https://nepalireporter.com/2017/06/37827#respond Fri, 30 Jun 2017 08:06:19 +0000 http://nepalireporter.com/?p=37827 Travel ban takes effect but less chaos expectedA scaled-back version of President Donald Trump’s travel ban took effect Thursday evening, stripped of provisions that brought protests and chaos at airports worldwide in January yet still likely to generate a new round of court fights.]]> Travel ban takes effect but less chaos expected

WASHINGTON, June 30: A scaled-back version of President Donald Trump’s travel ban took effect Thursday evening, stripped of provisions that brought protests and chaos at airports worldwide in January yet still likely to generate a new round of court fights.

The new rules, the product of months of legal wrangling, aren’t so much an outright ban as a tightening of already-tough visa policies affecting citizens from six Muslim-majority countries. Refugees are covered, too.

Administration officials promised that implementation this time, which started at 8 p.m. EDT (0000 GMT), would be orderly. Customs and Border Protection spokesman Dan Hetlage said his agency expected “business as usual at our ports of entry,” with all valid visa holders still being able to travel.

Still, immigration and refugee advocates are vowing challenge the new requirements and the administration has struggled to explain how they will make the United States safer.

Under the temporary rules, citizens of Syria, Sudan, Somalia, Libya, Iran and Yemen who already have visas will be allowed into the United States. But people from those countries who want new visas will now have to prove a close family relationship or an existing relationship with an entity like a school or business in the U.S.

It’s unclear how significantly the new rules will affect travel. In most of the countries singled out, few people have the means for leisure travel. Those that do already face intensive screenings before being issued visas.

Nevertheless, human rights groups on Thursday girded for new legal battles. The American Civil Liberties Union, one of the groups challenging the ban, called the new criteria “extremely restrictive,” ″arbitrary” in their exclusions and designed to “disparage and condemn Muslims.”

The state of Hawaii filed an emergency motion Thursday asking a federal judge to clarify that the administration cannot enforce the ban against relatives — such as grandparents, aunts or uncles — not included in the State Department’s definition of “bona fide” personal relationships.

U.S. District Court Judge Derrick Watson set a timeline for the motion.

Los Angeles City Attorney Mike Feuer met with customs officials and said he felt things would go smoothly.

“For tonight, I’m anticipating few issues because, I think, there’s better preparation,” he told reporters at Los Angeles International Airport on Thursday night. “The federal government here, I think, has taken steps to avoid the havoc that occurred the last time.”

Much of the confusion in January, when Trump’s first ban took effect, resulted from travelers with previously approved visas being kept off flights or barred entry on arrival in the United States. Immigration officials were instructed Thursday not to block anyone with valid travel documents and otherwise eligible to visit the United States.

Karen Tumlin, legal director of the National Immigration Law Center, said the rules “would slam the door shut on so many who have waited for months or years to be reunited with their families.

Trump, who made a tough approach to immigration a cornerstone of his election campaign, issued a ban on travelers from the six countries, plus Iraq, shortly after taking office in January. His order also blocked refugees from any country.

Trump said these were temporary measures needed to prevent terrorism until vetting procedures could be reviewed. Opponents noted that visa and refugee vetting were already strict and said there was no evidence that refugees or citizens of those six countries posed a threat. They saw the ban as part of Trump’s campaign promise to bar Muslims from entering the United States.

Lower courts blocked the initial ban and a second, revised Trump order intended to overcome legal hurdles. The Supreme Court on Monday partially reinstated the revised ban but exempted travelers who could prove a “bona fide relationship” with a U.S. person or entity. The court offered only broad guidelines.

In guidance issued late Wednesday, the State Department said the personal relationships would include a parent, spouse, son, daughter, son-in-law, daughter-in-law or sibling already in the United States. It does not include other relationships such as grandparents, grandchildren, aunts and uncles. On Thursday, the State and Homeland Security departments had both expanded the range of bona fide relationships to include fiancés.

Business or professional links must be “formal, documented and formed in the ordinary course rather than for the purpose of evading” the ban. Journalists, students, workers or lecturers who have valid invitations or employment contracts in the U.S. would be exempt from the ban. The exemption does not apply to those who seek a relationship with an American business or educational institution purely for the purpose of avoiding the rules.

Refugees from any country will face similar requirements. But the U.S. has almost filled its quota of 50,000 refugees for the budget year ending in September and the new rules won’t apply to the few remaining slots. With the Supreme Court set to consider the overall ban in October, the rules could change again.

The travel ban may have the biggest impact on Iranians. In 2015, the most recently available data, nearly 26,000 Iranians were allowed into the United States on visitor or tourist visas. Iranians made up the lion’s share of the roughly 65,000 foreigners from the six countries who visited with temporary, or non-immigrant visas that year.

American journalist Paul Gottinger, said he and his Iranian fiancee applied for a visa nearly a year ago but are still waiting on a decision. Gottinger says they were to wed at a Japanese garden in his parents’ home state of Minnesota this month but postponed the ceremony until August because they had not yet received the visa.

Now, he expects they will have to delay again.

“Every twist and turn of the courts, we’re holding our hearts and our stomachs are falling to the floor,” he said by phone from Turkey.

The new regulations are also affecting the wedding plans of Rama Issa-Ibrahim, executive director of the Arab American Association of New York.

She is Syrian-American and had planned to get married this fall. While her father in Syria may be able to get a visa, her aunts and uncles may well be blocked.

“I would love for them to be at this wedding, and unfortunately, they aren’t going to be able to be here,” she said, adding that the ceremony would be postponed.-AP

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US sets new visa rules for 6 mainly Muslim nations, refugees https://nepalireporter.com/2017/06/37773 https://nepalireporter.com/2017/06/37773#respond Thu, 29 Jun 2017 06:07:52 +0000 http://nepalireporter.com/?p=37773 US sets new visa rules for 6 mainly Muslim nations, refugeesThe Trump administration on Wednesday set new criteria for visa applicants from six mainly Muslim nations and all refugees that require a “close” family or business tie to the United States. The move came after the Supreme Court partially restored President Donald Trump’s executive order that was widely criticized as a ban on Muslims.]]> US sets new visa rules for 6 mainly Muslim nations, refugees

WASHINGTON, June 29: The Trump administration on Wednesday set new criteria for visa applicants from six mainly Muslim nations and all refugees that require a “close” family or business tie to the United States. The move came after the Supreme Court partially restored President Donald Trump’s executive order that was widely criticized as a ban on Muslims.

Visas that have already been approved will not be revoked, but instructions issued by the State Department say that new applicants from Syria, Sudan, Somalia, Libya, Iran and Yemen must prove a relationship with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling already in the United States to be eligible. The same requirement, with some exceptions, holds for would-be refugees from all nations who are still awaiting approval for admission to the U.S.

Grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiancees or other extended family members are not considered to be close relationships, according to the guidelines that were issued in a cable sent to all U.S. embassies and consulates late on Wednesday. The new rules take effect at 8 p.m. EDT on Thursday (0000GMT on Friday), according to the cable, which was obtained by The Associated Press.

As far as business or professional links are concerned, the State Department said a legitimate relationship must be “formal, documented and formed in the ordinary course rather than for the purpose of evading” the ban. Journalists, students, workers or lecturers who have valid invitations or employment contracts in the U.S. would be exempt from the ban. The exemption does not apply to those who seek a relationship with an American business or educational institution purely for the purpose of avoiding the rules, the cable said. A hotel reservation or car rental contract, even if it was pre-paid, would also not count, it said.

Consular officers may grant other exemptions to applicants from the six nations if they have “previously established significant contacts with the United States;” ″significant business or professional obligations” in the U.S.; if they are an infant, adopted child or in need of urgent medical care; if they are traveling for business with a recognized international organization or the U.S. government or if they are a legal resident of Canada who applies for a visa in Canada, according to the cable.

Critics said they are watching closely to see how the guidelines are used.

“Initial reports suggest that the government may try to unilaterally expand the scope of the ban – for example, by arbitrarily refusing to treat certain categories of familial relationships as ‘bona fide.’ These reports are deeply concerning. We are watching for official word,” said Omar Jadwat, director of the ACLU’s Immigrants’ Rights

On Monday, the Supreme Court partially lifted lower court injunctions against Trump’s executive order that had temporarily banned visas for citizens of the six countries. The justices’ ruling exempted applicants from the ban if they could prove a “bona fide relationship” with a U.S. person or entity, but the court offered only broad guidelines — suggesting they would include a relative, job offer or invitation to lecture in the U.S. — as to how that should be defined.

Senior officials from the departments of State, Justice and Homeland Security had labored since the decision to clarify the ruling and Wednesday’s instructions were the result. The new guidance will remain in place until the Supreme Court issues a final ruling on the matter. Arguments before the justices will not be held until at least October, so the interim rules will remain in place at least until the fall.

Shortly after taking office, Trump ordered the refugee ban and a travel ban affecting the six countries, plus Iraq. He said it was needed to protect the U.S. from terrorists, but opponents said it was unfairly harsh and was intended to meet his campaign promise to keep Muslims out of the United States.

After a federal judge struck down the bans, Trump signed a revised order intended to overcome legal hurdles. That was also struck down by lower courts, but the Supreme Court’s action Monday partially reinstated it.

The initial travel ban led to chaos at airports around the world, but because the guidelines exempt previously issued visas, similar problems are not expected. After a judge blocked the original ban, Trump issued a scaled-down order and the court’s action Monday further reduced the number of people who would be covered by it. Also, while the initial order took effect immediately, adding to the confusion, this one was delayed 72 hours after the court’s ruling.

Under the new rules, would-be immigrants from the six countries who won a coveted visa in the government’s diversity lottery — a program that randomly awards 50,000 green cards annually to people from countries with low rates of immigration to the United States — will also have to prove they have a “bona fide relationship” with in the U.S. or are eligible for another waiver or face being banned for at least 90 days. That hurdle may be a difficult one for those immigrants to overcome, as many visa lottery winners don’t have relatives in the U.S. or jobs in advance of arriving in the country.

Generally, winners in the diversity lottery only need prove they were born in an eligible county and have completed high school or have at least two years of work experience in an occupation that requires at least two other years of training or experience.-AP

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Trump travel ban partly reinstated; fall court arguments set https://nepalireporter.com/2017/06/37677 https://nepalireporter.com/2017/06/37677#respond Tue, 27 Jun 2017 07:04:17 +0000 http://nepalireporter.com/?p=37677 Trump travel banThe Supreme Court is allowing President Donald Trump to forge ahead with a limited version of his ban on travel from six mostly Muslim countries to the U.S. Trump hailed the decision as a “victory for national security,” but it’s likely to set off a new round of court disputes over anti-terror efforts and religious discrimination.]]> Trump travel ban

WASHINGTON, June 27: The Supreme Court is allowing President Donald Trump to forge ahead with a limited version of his ban on travel from six mostly Muslim countries to the U.S. Trump hailed the decision as a “victory for national security,” but it’s likely to set off a new round of court disputes over anti-terror efforts and religious discrimination.

The justices will hear full arguments in October in the case that has stirred heated emotions across the nation and pointed rebukes from lower courts saying the administration is targeting Muslims. Until then, the court said Monday, Trump’s ban on visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen can be enforced if those visitors lack a “credible claim of a bona fide relationship with a person or entity in the United States.”

The ruling sets up a potential clash between the government and opponents of the ban over the strength of visitors’ ties to the United States. A senior official said plans already had been written to enforce the ban aggressively. But immigrant groups said relatively few people try to enter the United States without well-established ties. Those groups said they will be sending lawyers and monitors back to American airports, where the initial, immediate implementation of the ban in January caused chaos and confusion.

State Department spokeswoman Heather Nauert said the ban would be implemented starting 72 hours after being cleared by courts. That means it will take effect Thursday morning.

The president has denied that the ban targets Muslims but says it is needed “to protect the nation from terrorist activities” committed by citizens of the six countries. All six have been designated as presenting heightened concerns about terrorism and travel to the United States.

The 90-day ban is necessary to allow an internal review of screening procedures for visa applicants from the countries, the administration says. That review should be complete before Oct. 2, the first day the justices could hear arguments in their new term.

The ban will have run its course by then, raising a question of whether the justices will even issue a decision in the case or dismiss it because it has been overtaken by events.

The court asked both sides to address the issue of timing, along with questions about whether the ban is aimed at Muslims, the impact of Trump’s provocative campaign statements and federal courts’ authority to restrain the president in the area of immigration.

A 120-day ban on refugees also is being allowed to take effect on a similar, limited basis.

Three of the court’s conservative justices said they would have let the administration apply the bans without the limits imposed by their colleagues.

Justice Clarence Thomas, joined by Samuel Alito and Neil Gorsuch, said the government has shown it is likely to win the legal case in the end. Thomas said the government’s interest in preserving national security outweighs any hardship to people denied entry into the country.

Trump hailed the court’s order as a “clear victory for our national security,” especially after lower court rulings that blocked the travel ban in its entirety. He said in a statement that his “number one responsibility” is to keep Americans safe.

His administration’s implementation plans, largely orchestrated by White House adviser Stephen Miller, focus on refusing entry to people who are unable to show a substantial and pre-existing tie to a person or institution in the United States. The plans were described by a senior official who was familiar with them, speaking on condition of anonymity because this person was not authorized to discuss them publicly by name.

But some immigration lawyers said relatively few people would fall under the ban because people coming to study, work or visit family members already have sufficient relationships with others already is in the country.

“This order, properly construed, should really allow for only the narrowest implementation of any part of the ban. It’s going to be really important for us to make sure the government abides by the terms of the order and does not try to use it as a backdoor into implementing the full- scale Muslim ban,” said Omar Jadwat, the American Civil Liberties Union lawyer who is representing some of the challengers to the travel ban.

The court’s opinion explained the kinds of relationships people from the six countries must demonstrate to obtain a U.S. visa.

“For individuals, a close familial relationship is required,” the court said. For people who want to come to the United States to work or study, “the relationship must be formal, documented and formed in the ordinary course, not for the purpose of evading” the travel ban.

The opinion faulted the two federal appeals courts that had blocked the travel policy for going too far to limit Trump’s authority over immigration. The president announced the travel ban a week after he took office in January and revised it in March after setbacks in court.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the ban was “rooted in religious animus” toward Muslims and pointed to Trump’s campaign promise to impose a ban on Muslims entering the country as well as tweets and remarks he has made since becoming president.

The San Francisco-based 9th U.S. Circuit Court of Appeals said the ban does not comply with federal immigration law, including a prohibition on nationality-based discrimination. That court also put a hold on separate aspects of the policy that would keep all refugees out of the United States for 120 days and cut by more than half, from 110,000 to 50,000, the cap on refugees in the current government spending year that ends Sept. 30.

Trump’s first executive order on travel applied to travelers from Iraq and well as the six countries, and took effect immediately, causing chaos and panic at airports as the Homeland Security Department scrambled to figure out whom the order covered and how it was to be implemented.

A federal judge blocked it eight days later, and that was upheld by a 9th circuit panel. Rather than pursue an appeal, the administration said it would revise the policy.

In March, Trump issued the narrower order.-AP

 

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