NYIC Condemns Trump's Muslim Ban 3.0

The Trump Administration announced a proclamation Sunday to amend the existing Muslim ban with a wholesale ban on emigration and restricted travel from Iran, Libya, Syria, Somalia, and Yemen. The proclamation also restricts travel from three additional countries: Venezuela, Chad, and North Korea. Iraq, which was removed from earlier Muslim ban revisions, is again included with restricted travel, while Sudan has been removed from the list entirely.

"This is a dressed up Muslim Ban, the sole purpose of which is to double down on the Trump Administration's systematic and unconstitutional anti-immigrant agenda," said Steven Choi, executive director of the New York Immigration Coalition. "The President himself has previously referred to this as a "ban", and Americans who have taken a knee to protest racial injustice and every one of his attempts to divide us, will not be fooled. We will be at the Supreme Court in October just like we were at JFK with the same message: NO BAN, NO WALL, OPPORTUNITY AND JUSTICE FOR ALL."

The new ban will take effect on October 18th, 8 days after the Supreme Court begins hearing arguments about the original Muslim ban issued in January. The existing ban will remain in effect until October 18th. While the proclamation claims that no current visas or travel documents will be revoked, the new restrictions will be in place indefinitely, with no end in sight.

"Since January, we have been fighting against this unjust executive order. Our directly-affected community of Arabs and Muslims has exhausted all means of living without fear," said Rama Issa-Ibrahim, executive director of Arab American Association of NY. "We are outraged by this new attempt to implement a revised version of the Travel Ban, it is tearing families and communities apart; families that have known no other home, and families that are striving to make the best of this country. The very work that we do day-in and day-out is to ensure safety and equality to our immigrant and Muslim clients, the same ones who look to this country for a sense of security that the new administration is currently lacking."

"This is also a man who rose to national infamy by leading the 'birther' movement, which falsely claimed President Obama was not born in this country," said CAIR-NY Legal Director Albert Fox Cahn. "Perhaps the truest indicator of the president's white supremacist agenda is the fact that he is embraced by racists, Islamophobes, neo-Nazis, and bigots of all stripes who see his views as reflecting their own. Ten months after his election, instead of promoting the values that lifted up this nation, Donald Trump is still pandering to an extremist base that considers itself superior to other Americans. These hard truths must now be faced by all Americans, who -- as individuals -- need to decide if they are on the side of traditional American aspirations of religious and racial inclusion, or if they envision a 'Trump' America in which members of only one group dominate and reap the benefits of citizenship."

Legal Analysis

This proclamation applies to nationals from Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia, and Iraq:

• Who are outside of the US on Sept. 24, 2017 at 3:30PM and were subject to the second executive order and don't have the bona fide relationships required by the Supreme Court decision. Included relationships: parent, parent-in-law, spouse, fiance, child, adult son or daughter, son-in-law, daughter-in-law, sibling (whether whole, half, or step), grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law.
• Who do not have a valid visa at 12:01AM EDT on October 18, 2017 as follows:
• Nationals from Iran, Libya, Syria, Yemen, Somalia - even if they have a credible bona fide relationship with anyone/any entity in the US;
• Nationals from Chad, North Korea, Venezuela.
• Who did not have a prior visa that was canceled or revoked as a result of the January 27, 2017 Executive Order.

This proclamation does not apply to:

• Green card holders;
• Anyone who is allowed to enter the US on or after October 18, 2017.
• Anyone who has a document allowing them to enter the US other than a visa (e.g. transportation letter, boarding foil, advance parole) that is valid on or after October 18, 2017. .
• Any dual national of a country listed in this proclamation if they are traveling on a passport issued by a non-listed country.
• Anyone with a diplomat visa (including NATO visa, C2 for travel to the UN, G1 - G4).
• Anyone already granted asylum by the US, who has already been admitted as a refugee, or who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

Affected individuals can ask for a waiver of these restrictions if they can show to the consular officer or Customs and Border Patrol official that (guidance to be developed):

• Denying them entry would cause the individual undue hardship; AND
• Their entry would not cause national security or public safety threat to the US; AND
• Their entry would be in the national interest.

Chad

• No national from Chad may obtain a green card, or a tourist/business visitor visa.
• They can still obtain other visas including student, training, exchange visitors, for artists/performers/athletes etc.

Iran

• No national from Iran may obtain a green card or any kind of visa.
• Exception:student visas (F for students, M for vocational studies) or exchange visitor (J visa - for internships, training, au pairs, etc) but will be subject to increased scrutiny.

Libya

• No national from Libya may obtain a green card, or a tourist/business visitor visa.
• They can still obtain other visas including student, training, exchange visitors, for artists/performers/athletes etc.

North Korea
No national from North Korea will be allowed into the United States.

Syria
No national from Syria will be allowed into the United States.

Venezuela

• No government official in vetting/screening procedures and their immediate family members may obtain a tourist/business visitor visa.
• They can still obtain other visas including green cards, student, training, exchange visitors, for artists/performers/athletes, etc.
• Other Venezuelan visa holders will be subject to additional measures to make sure travel information remains current.

Yemen

• No national from Yemen may obtain a green card, or a tourist/business visitor visa.
• They can still obtain other visas including student, training, exchange visitors, for artists/performers/athletes etc.

Somalia

• No national from Somalia may obtain a green card.
• Any other visa application, including tourist/business visitor visa, student visas, exchange visitor visas, visas for artists/performers/athletes etc. will be subject to additional scrutiny regarding potential ties to terrorism.

Iraq

• No restrictions on travel but subject to higher scrutiny.

No green cards or visas will be revoked. The holder of any visa that was revoked or canceled as part of the original executive order of January 27, 2017 will be given a new visa to enter the US in the same category.

Background

In response to Trump's first Muslim and refugee ban, The New York Immigration Coalition led the #NoBanJFK movement, assisting travelers from over 20 countries and organizing hundreds of lawyers and volunteers. The protests at JFK sparked actions across the nation, including a rally held in Battery Park the next day, which drew over 30,000 people.

On October 10th, the NYIC will travel to Washington with its members from across the state to rally outside of the Supreme Court during oral arguments in the Muslim Ban case