Justice for Immigrants Webinar Update on the Executive Orders and DHS Implementation Memos March 1, 2017
Agenda • Welcome & Introductions • State of Current Affairs • DHS Memo on Border Security EO • DHS Memo on Interior Enforcement EO • EO on Refugees • What You Can Do • Q&A
State of Current Affairs Executive Orders Implementation Memoranda • • Jan. 25 – EO 13767, “Border Security and Feb. 20 – DHS Memoranda Implementing: Immigration Enforcement Improvements;” – EO 13767 (Border Security) • Jan. 25 – EO 13768, “Enhancing Public Safety in the Interior of the United States;” – EO 13768 (Interior Enforcement) • Jan. 27 – EO 13769, “Protecting the Nation Lawsuits on EO 13769 from Foreign Terrorist Entry into the United States.” 9 th Circuit /Oregon lawsuit - – Expecting new EO on this - others
DHS Memo on Border Security EO • Foreshadows a drastic expansion in the use of expedited removal (Section G); • Forces certain migrants to wait in Mexico for their removal proceedings (Section H); Mural painted by migrants at a Catholic-run Casa de Migrante in Tecun Uman, Guatemala
DHS Memo on Border Security EO cont’d • Alters protections for “unaccompanied alien children” (Section L); • Targets families whose children have migrated to the U.S. unaccompanied (Section M); and • Dramatically increases use of detention (Section A). Unaccompanied child held by CBP. Photo Credit: Customs and Border Protection/US Government
DHS Memo on Interior Enforcement EO • Does not rescind 2012 DACA memo; • DACA recipients can still be enforcement priorities; • EO on DACA could still occur; • Advocating for BRIDGE Act as a temporary fix; • DACA-eligible youth should think carefully and consult with attorney or legal representative before applying for Undocumented UCLA students. program. Photo Credit: Jonathan Alcorn/Reuters
DHS Memo on Interior Enforcement EO cont’d • Directs DHS to carry out drastically • Targets undocumented immigrants and expanded enforcement priorities (Section those who facilitate their presence in the A); U.S. for fines and penalties (Section F); and • Promotes the use of local law enforcement • Rescinds prior policy so that only U.S. carrying out federal immigration law citizens or lawful permanent residents (Section B); receive privacy protections (Section G). • Limits the use of prosecutorial discretion (Section C);
EO on Refugees — WA Federal Court/9 th Circuit Washington State-v-Trump temporary restraining order upheld by 9 th Circuit • A 90-day ban on visas, admission, and other immigration benefits for people from Syria, Iraq, Iran, Somalia, Sudan, Libya, and Yemen;* • A 120-day suspension of the refugee resettlement program; * • An indefinite suspension of the arrival of Syrian refugees; * • A prioritization of refugees who are religious minorities suffering religious persecution;* • A 64% decrease for U.S. refugees in 2017 — from 110,000 to 50,000; • Potential other roles for states and localities, with more say in placement and resettlement of refugees; and • A mandated review and possibly stricter security vetting procedures for refugees, immigrants, and nonimmigrants. * The provisions with an asterisk are currently on hold; the others are still in force.
EO on Refugees — MD Federal Court Case HIAS and ILAP -v- Trump — complaint filed 2/3/2017 alleging the following: The EO on refugees violates the U.S. Constitution • Establishment of Religion Clause, and the • Equal Protection and the Due Process Clauses. The EO on refugees violates federal law • Discriminating regarding immigration benefits due to race, sex, nationality, place of birth, or place of residence (see Immigration & Nationality Act (INA), 8 USC 1152 (a)(1)(A)); • Impeding free exercise of religion (see Religious Freedom Restoration Act); • Discriminating regarding resettlement by favoring or discriminating based on race, religion, nationality, sex, or political opinion (see INA, 8 USC 1522(a)(5); and • Changing refugee admissions numbers without following required procedures (see Administrative Procedure Act).
Upcoming New EO on Refugees — Content? Impact? Based mostly on media reports, the new EO might do the following: • Rescind and replace the 1/27 EO on refugees with the new EO. • Keep the 120-day halt to refugee admissions, but strike the indefinite ban on Syrians and strike language on favoritism toward religious minorities. • Keep the 90-day ban for 6 of the countries (Syria, Iran, Libya, Somalia, Sudan, and Yemen) but not for people from Iraq. • Clarify that the 90-day ban does not apply to LPRs, dual citizens, or current visa holders. • Keep previous provisions not halted by the Washington State v Trump decision — e.g., 50,000 refugees FY17, new state role, new vetting.
What You Can Do • Express your opposition to the Executive Orders and encourage Congress to pass bills to nullify them. Participate in our Phone-In Fridays to your U.S. Senators and Members of Congress, then try to meet them the week after Easter in their districts. • Encourage Congress to pass the BRIDGE Act to protect DACA youth. Encourage your lawmaker to sponsor the BRIDGE Act. • Assist undocumented individuals in your community access legal representation, attend their ICE check ins and immigration court proceedings, and prepare for potential immigration enforcement actions. • Encourage local lawmakers to pass welcoming resolutions at the community and state level. • Build relationships with local law enforcement and Department of Homeland Security offices. • Pray together, raise awareness, and provide community forums for the undocumented to share their stories and needs. • Support Catholic Charities, Social Services, and Legal Services and other agencies that help immigrants and refugees.
Questions? JFI Website: http://justiceforimmigrants.org/ Action Alerts: http://justiceforimmigrants.org/category/action-alerts/
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