Justice for Immigrants Webinar Update on the Executive Orders and DHS Implementation Memos. March 1, 2017

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1 Justice for Immigrants Webinar Update on the Executive Orders and DHS Implementation Memos March 1, 2017

2 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

3 State of Current Affairs Executive Orders 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 Implementation Memoranda Feb. 20 DHS Memoranda Implementing: EO (Border Security) EO (Interior Enforcement) Lawsuits on EO th Circuit /Oregon lawsuit - others

4 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

5 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

6 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; Undocumented UCLA students. Photo Credit: Jonathan Alcorn/Reuters DACA-eligible youth should think carefully and consult with attorney or legal representative before applying for program.

7 DHS Memo on Interior Enforcement EO cont d Directs DHS to carry out drastically expanded enforcement priorities (Section A); Targets undocumented immigrants and those who facilitate their presence in the U.S. for fines and penalties (Section F); and Promotes the use of local law enforcement carrying out federal immigration law (Section B); Rescinds prior policy so that only U.S. citizens or lawful permanent residents receive privacy protections (Section G). Limits the use of prosecutorial discretion (Section C);

8 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.

9 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).

10 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.

11 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.

12 Questions? JFI Website: Action Alerts: