Update on the Executive Orders and DHS Implementation Memos March - - PowerPoint PPT Presentation

Justice for Immigrants Webinar Update on the Executive Orders and DHS Implementation Memos

March 1, 2017

• 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

Agenda

State of Current Affairs

Executive Orders Implementation Memoranda

• Jan. 25 – EO 13767, “Border Security and

Immigration Enforcement Improvements;”

• Jan. 25 – EO 13768, “Enhancing Public Safety

in the Interior of the United States;”

• Jan. 27 – EO 13769, “Protecting the Nation

from Foreign Terrorist Entry into the United States.” – Expecting new EO on this

• Feb. 20 – DHS Memoranda Implementing:

– EO 13767 (Border Security) – EO 13768 (Interior Enforcement)

Lawsuits on EO 13769

• 9th Circuit /Oregon lawsuit
• thers

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 program.

Undocumented UCLA students. Photo Credit: Jonathan Alcorn/Reuters

DHS Memo on Interior Enforcement EO cont’d

• Targets undocumented immigrants and

those who facilitate their presence in the U.S. for fines and penalties (Section F); and

• Rescinds prior policy so that only U.S.

citizens or lawful permanent residents receive privacy protections (Section G).

• Directs DHS to carry out drastically

expanded enforcement priorities (Section A);

• Promotes the use of local law enforcement

carrying out federal immigration law (Section B);

• Limits the use of prosecutorial discretion

(Section C);

EO on Refugees—WA Federal Court/9th Circuit

Washington State-v-Trump temporary restraining order upheld by 9th 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
• n 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/