A Review of 2017 Muslim Bans FRIDAY, DECEMBER 1ST 2017 SUNDROP CARTER

A Review of 2017 Muslim Bans FRIDAY, DECEMBER 1ST 2017 SUNDROP CARTER

Who is a Refugee? A refugee is someone who has been forced to flee his or her country because of persecution, war, or violence. A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Most likely, they cannot return home or are afraid to do so. War and ethnic, tribal and religious violence are leading causes of refugees fleeing their countries.

A Snapshot of Refugees Worldwide Source: UNHCR June 19, 2017

Brief History of Refugees in the U.S. Following WWII, the US began welcoming displaced people 1948 Displaced Persons Act, allowed for 400,000 displaced persons to arrive Cold War: Allowed people fleeing communist countries 1980 Refugee Act standardized resettlement, adopted UN definition President determines ceiling Refugees undergo most rigorous vetting process of any group entering US Government engages in contracts with organizations to resettle refugees

The 2017 Executive Orders

Why Call it a Muslim Ban? Statements from Administration and President complete shutdown of Muslims entering the United States -Trump following San Bernardino shooting The first two bans focused primarily on majority-muslim nations Several court decisions Judge Watson, Federal District Court in Hawaii, ruled that Trump s EO was meant to exclude Muslims Ninth Circuit in San Francisco struck down ban citing there was not enough justification to suspend people on the basis of nationality Including North Korea + Venezuela was distraction Travel from North Korea is already extremely limited Venezuelan ban focuses on government officials and their families

January 27, 2017: Muslim Ban 1.0 Protecting The Nation From Foreign Terrorist Entry Into The United States All provisions are effective immediately Stops all refugee resettlement for 120 days Indefinitely blocks all refugee resettlment of Syrians 90 day travel ban for: Syria, Iran, Iraq, Sudan, Libya, Somalia, and Yemen Appears to apply to green card holders Calls for prioritization of non-muslim religious minorities for resettlement Caps 2017 refugee admissions at 50,000 Calls for extreme vetting of all refugees

Community Response

Legal Challenges Attorneys in jurisdictions across the country immediately file challenges to the travel ban portions of the Executive Order. A few of the resulting rulings: Jan. 28: NY Judge blocks part of the Executive Order Jan. 29: MA judge blocks part of the order, and states that the government could not detain or remove anyone who arrived legally from the named countries Feb. 3: US District Court in WA issues nationwide block to implementation of ban Feb. 9: Ninth Circuit upholds nationwide block to implementation of ban

March 6, 2017: Muslim Ban 2.0 Set to go in to effect March 16, 2017 120 day hold on all refugee resettlement Syria no longer singled out for indefinite restriction 90 day travel ban from 6 countries: Syria, Iran, Iraq, Sudan, Libya, Somalia, and Yemen Those with valid visas able to enter US Removes language around prioritization of religious minorities for resettlement Legal Challenges: March 15: US District Courts in HI and MD issue nationwide blocks to implementing Muslim Ban 2.0 June 12: Ninth Circuit upholds nationwide block

Summer 2017: Supreme Court Rulings Oral arguments scheduled for October 2017 Upholds part of lower court stays 90-day travel ban and 120-day refugee ban do not apply to those with a credible claim of a bona fide relationship with a person or entity in the United States. Bona fide = close family, grandparents, cousins, spouses, mothersin-law, includes refugees with close family Bona fide refugees with assurances to resettlement agencies Ongoing refugee resettlement efforts not subject to 50,000 cap July 12: Muslim Ban 2.0 goes in to effect with limitations set by SCOTUS

September 24, 2017: Muslim Travel Ban 3.0 Indefinite restrictions on travel from: Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea, and Venezuela. Total ban on visas for travel from Syria and North Korea Bans government representatives and their families from Venezuela Students from Iran are exempt Legal Challenges: Oct. 18: US District Courts in HI and MD issue blocks to implementation of Muslim Ban 3.0 Nov. 13: Ninth circuit allows limited travel ban following SCOTUS bona fide relationship criteria SCOTUS cancels oral arguments due to case being moot

October 24, 2017: Refugee Ban 3.0 Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities New 90 day ban on resettlement from: Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, Yemen, and stateless Palestinians New guidelines on vetting and admissibility: Increased biodata screening Require phone and address info going back 10 years Require information on family members living in other countries Social media screening Suspends follow-to-join program Legal Challenges: Challenge to 90-day ban filed on Nov. 13

Where We Are Today

Refugee Resettlement Cap of 45,000 for FY2018 lowest since 1980 Geographic caps: 19,000 from Africa 17,500 from Middle East + S. Asia 5,000 from E. Asia 2,000 from Europe 1,500 from Latin America + Caribbean End of follow-to-join program means families will be separated indefinitely Decreased federal funding for refugee resettlement programs will impact local service organizations across the country

Surveillance of Muslim Communities Muslim communities and travelers entering the US regardless of legal status have experienced increased scrutiny and surveillance since Sept. 11 Prior to Jan. 27, 2017, travelers entering the U.S. that were perceived to be Muslim were regularly detained for questioning about their religious and political affiliations and activities NYC Police Department regularly engaged in racial and religious profiling (cancelled by de Blasio) Mapping communities, photo and video surveillance, plainclothes officered enter communities Ted Cruz called for nation-wide expansion of surveillance According to Pew Research Center: 52% of Muslims feel singled out by government, 21% feel singled out by airport security

Know Your Rights!

Your Rights at the Airport Visa-holder Green card holder US Citizen Can you be searched? Yes, Customs & Border Patrol can stop and search anyone Yes, Customs & Border Patrol can stop and search anyone Yes, Customs & Border Patrol can stop and search anyone Do I have to answer questions? Your refusal to answer questions may results in denied entry It is recommended that you answer questions You have the right to refuse to answer any questions, though this may slow down your re-entry What if I am selected for a longer interview? You generally do not have the right to an attorney, unless questions go beyond your immigration status You generally do not have the right to an attorney, unless questions go beyond your immigration status You have the right to request an attorney Can US Customs officers ask about my religious or political affiliations? Your refusal to answer questions may results in denied entry You have the right to refuse to answer any questions about your religious or political affiliation You have the right to refuse to answer any questions about your religious or political affiliation

Questions?

References HIAS Resources: https://www.hias.org/blog/tracking-refugee-ban https://www.hias.org/blog/supreme-court-hear-travel-ban-case-fall https://www.hias.org/blog/hias-v-trump-why-were-suing ACLU Resources: https://www.aclu-wa.org/pages/timeline-muslim-ban https://www.aclu.org/files/kyr/kyr_english_5.pdf https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us https://www.aclupa.org/news/2017/01/29/immigrants-detained-philadelphia-airport-be-released-sunday https://www.aclu.org/other/factsheet-nypd-muslim-surveillance-program Other Resources: https://www.nilc.org/issues/immigration-enforcement/faq-exec-order-targeting-refugees-and-muslims/ http://www.unhcr.org/en-us/figures-at-a-glance.html https://www.unrefugees.org/refugee-facts/what-is-a-refugee/ http://www.scholarsstrategynetwork.org/brief/targeting-muslim-americans-name-national-security News Coverage: https://www.nytimes.com/2017/01/27/us/politics/trump-syrian-refugees.html https://www.theguardian.com/us-news/2017/jan/27/donald-trump-muslim-refugee-ban-executive-action http://www.philly.com/philly/blogs/real-time/large-protest-of-trumps-immigration-order-planned-sunday-at-philadelphia- International-Airport.html https://www.nytimes.com/2017/06/26/us/politics/supreme-court-trump-travel-ban-case.html https://www.washingtonpost.com/world/national-security/travel-ban-to-take-effect-as-state-department-defines-close-family/ 2017/06/29/03eb8a8e-eba6-4749-9fa2-79117be89884_story.html?utm_term=.e89aff37f840 http://www.cnn.com/2017/02/10/us/trump-travel-ban-timeline/index.html https://www.politico.com/story/2017/10/24/refugee-nations-trump-administration-muslim-244135 https://www.salon.com/2017/10/02/trumps-muslim-ban-3-0-is-still-unconstitutional_partner/ http://thehill.com/homenews/administration/352731-trump-slashes-refugee-admissions-to-45000 https://www.nytimes.com/2017/06/12/us/politics/trump-travel-ban-court-of-appeals.html