Trump's executive order: where is global immigration now?
Pro-Link GLOBAL explores the global immigration implications of U.S. President Donald Trump's Executive Order.
Status in the U.S. - “SEE YOU IN COURT”
Without getting into all the intricacies of the numerous court challenges currently moving through the federal courts in various circuits and at multiple levels, here is a quick overview of where President Trump’s Executive Order on immigration stands in the U.S. currently:- Permanent Residents and Dual U.S. Citizens – Shortly after the Executive Order was issued, Department of Homeland Security (DHS) and Customs and Border Protection (CBP) clarified that its provisions would not be applied to legal permanent residents or dual citizens of the U.S. who are citizens from the affected nations (i.e. Syria, Iran, Iraq, Libya, Somalia, Sudan, and Yemen). The federal courts have likewise backed up that position with temporary restraining orders. The DHS and CBP are not denying entry to, nor pursuing deportation of, such individuals.
- Dual Citizens of Other Nations – Likewise, dual citizens of one affected nation and another unaffected nation are not subject to the Order. The CBP has issued specific guidance that the Order does not apply to citizens of the affected countries who are traveling on a valid passport issued by an unaffected nation.
- Refugees – While the Order has not been invalidated, the federal courts have temporarily suspended operation of certain provisions applicable to the Refugee Admissions Program (RAP) Currently, refugees already with entry authorization from the affected nations are being permitted entry to the United States. However, the significant decrease of the fiscal 2017 refugee cap to 50,000 has not been stayed; with almost 30,000 refugees already admitted this year, new applications under the RAP will remain extremely tight.
- Valid U.S. Visa Holders – Likewise, the courts have stayed provisions applicable to valid U.S. visa holders from the affected countries. Holders of valid U.S. visas who are citizens of the affected nations are being permitted entry to the U.S. All valid visas which had been revoked, but not physically destroyed, remain valid, and there no deportation action is being taken based on the Order. The reported increased vetting of foreign nationals at the borders – including more frequent entry interviews – is being conducted by authorities under already existing policies and discretion. The Visa Interview Waiver Program remains suspended.
- New and Pending Visa Applications – The federal courts have also temporarily restrained authorities from refusing to process pending visa applications, or refusing to accept new visa applications, from citizens of the affected nations. However, it remains unclear at this point to what extent overseas U.S. consular posts and in-country immigration authorities are actually continuing to process such applications.
Related articles:
- Global companies condemn Trump travel ban
- Pro-Link GLOBAL immigration dispatch – UK, China, Europe, Saudi Arabia, Indonesia, Australia, Canada and US
- Trump and debt cast shadows over Chinese economy
Status in the Middle East - Minimal Impact on Global Immigration
In the initial days after the Executive Order was handed down, Pro-Link GLOBAL predicted we would likely see significant reciprocal response to the U.S. action only from Iran and Iraq, with little concrete response from the other five affected nations and virtually no reciprocal response from the rest of the Muslim world. That assessment appears to have been mostly accurate. As of the time of this writing, here’s a quick run-down of the potential for reciprocal action in the Middle East:- Iran – While the Wall Street Journal appears to be alone in reporting that Iran has in fact stopped issuing visas to U.S. citizens, there has been no official policy announcement by the Iranian Ministry of Foreign Affairs or other corroborating media sources. At present, concerns over a potential immigration ban by Iran pale in comparison to greater concerns over increased tensions surrounding Iran’s ongoing nuclear program and recent ballistic missile tests. U.S. citizen travel to Iran remains under a U.S. State Department travel warning and is now only more ill-advised given the escalating tensions.
- Iraq – On the Monday following the Order’s issuance, the Iraqi Parliament quickly urged their Prime Minister to respond in kind. However, Prime Minister Haider al-Abadi appears to be resisting pleas to take reciprocal action, fearing the self-inflicted harm for Iraq of the potential loss of U.S. military and economic aid.
- Syria, Libya, Somalia, Sudan, Yemen – There has likewise been no reciprocal action taken to date by Syria, Libya, Somalia, Sudan, or Yemen. In these nations, Pro-Link GLOBAL believes we will not likely see significant action given their current internal conflicts; and practically speaking, any action would have negligible effect on U.S. business interests regardless.
- Other Predominantly Muslim Nations – As for potential action by other majority-Muslim nations, Pro-Link GLOBAL is likewise currently seeing no indicators of movement towards negative immigration consequences for U.S. citizens in countries such as the United Arab Emirates, Saudi Arabia, Kuwait, Oman, Qatar, and Egypt. Given the strong international economic interests there, and given that the Trump administration has carefully avoided immigration action against these nations – presumably for economic reasons – we expect no such future action.
How These Changes Affect You
While the situation surrounding the controversial Executive Order remains in a state of flux – and likely will for some time – the impact on companies with U.S. employees operating in the Middle East will be minimal. With the possible exception of Iran, there will likely be no significant reciprocal action taken on corporate immigration in the region. However, U.S. citizens should be sensitive to possibly heightened anti-U.S. sentiment among the population. U.S. nationals abroad should continue to take safety and security precautions where travel warnings are in place and make conscious efforts to promote goodwill in international business dealings in the Middle East. Pro-Link GLOBAL remains positive on the international business climate in the region, but we will continue to monitor developments for potential challenges and opportunities for our clients.For related news and features, visit our Immigration section.Access hundreds of global services and suppliers in our Online Directory Access our free Global Mobility Toolkit factsheets: Caveat Lector | Warning to ReaderThis is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. We would like to remind you that Immigration laws are fluid and can change at a moment's notice without any warning. Please reach out to your immigration specialist or your client relations manager at Pro-Link GLOBAL should you require any additional clarification. This alert was prepared by your Pro-Link GLOBAL Knowledge Management team.
Information contained in this Global Brief is prepared using information obtained from various media outlets, government publications and our KGNM immigration professionals. Written permission from the copyright owner and any other rights holders must be obtained for any reuse of any content posted or published by Pro-Link GLOBAL that extends beyond fair use or other statutory exemptions. Furthermore, responsibility for the determination of the copyright status and securing permission rests with those persons wishing to reuse the materials. Interested parties are welcome to contact the Knowledge Management Department (km@pro-linkglobal.com) with any additional requests for information or to request reproduction of this material.