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Community Advisory: What You Should Know about Muslim Ban 3.0

Travel ban 3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

September 25, 2017

Dear Community Members,

Muslim Ban 3.0 (“MB-3”) was signed yesterday afternoon. We are reviewing it to see how exactly it will be rolled out, but some general information based on what we know now is included below. Please note that this information is subject to change based on the various legal challenges that may be advanced in court. Please check back frequently for the most up-to-date information.

Timing

Part of MB-3 went into effect yesterday, September 24th. The remainder will go into effect on October 18th, 2017. Much of the old order (Muslim Ban 2.0), signed on March 6, 2017, also partially expires today. The portions of Muslim Ban 2.0 impacting refugees specifically will continue until October 24, 2017. Despite this change, the temporary court order placing the old order on hold is still active, until the U.S. Supreme Court’s hearing on October 10, 2017.

Who Will Be Impacted?

Travel Restriction for Nationals of Eight Countries - Chad, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

  • General limitations
    • MB-3 only applies to individuals who are i) outside of the U.S. on the day MB-3 goes into effect, and ii) who do not have a valid visa on the day MB-3 goes into effect, and iii) who have not obtained a waiver under Section 3(c).
    • MB-3 does not apply to:
      • Lawful permanent residents (green card holders);
      • Individuals admitted or paroled into the U.S. on or after the effective date of MB-3;
      • Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date of MB-3;
      • Dual-nationals traveling on a passport from a non-designated country;
      • Individuals granted asylum;
      • Refugees already admitted to the U.S.; or
      • Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture
  • Until October 18, 2017, Citizens of Iran, Libya, Somalia, Syria, and Yemen are exempt from MB-3 if they have a “bona fide relationship” with a U.S. person or entity, meaning:
    • A close family member living in the U.S.,
    • An offer of employment in the U.S., and/or
    • An admission to study in the U.S.

 Previously-impacted countries - restrictions effective immediately:

  • Iran
    • Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with a bona fide relationship to a U.S. person or entity OR for those with F, J, or M visas.
    • Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
    • The bona fide relationship exemption ends October 18, 2017.
  • Libya
    • Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
    • The bona fide relationship exemption ends October 18, 2017.
  • Somalia
    • Effective immediately, immigrant visas are suspended for Somali nationals, except for those with a bona fide relationship to a U.S. person or entity.
    • Non-immigrant visas are permitted, subjected to heightened screening.
    • The bona fide relationship exemption ends October 18, 2017.
  • Syria
    • Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals, except for those with a bona fide relationship to a U.S. person or entity.
    • The bona fide relationship exemption ends October 18, 2017.
  • Sudan
    • Sudan was removed from the list of restricted countries in MB-3.
    • Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
    • The bona fide relationship exemption ends October 18, 2017.
  • Yemen
    • Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended, unless the visa holder has a bona fide relationship to a U.S. person or entity.
    • The bona fide relationship exemption ends October 18, 2017.

 Newly Impacted Countries

  • Chad
    • Effective October 18, 2017, all immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
  • North Korea
    • Effective October 18, 2017, all immigrant and nonimmigrant visa holders are suspended from entering the U.S.
  • Venezuela
    • Effective October 18, 2017, the entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
    • Per Section 3(b)(v) of MB-3, certain Venezuelans traveling on diplomatic visas are not affected by this order.

Refugee Program

  • No changes were made in today’s order that impact refugees.
  • There continues to be a 120-day halt of the entire refugee program, which started on March 16, 2017.
  • Refugees with a bona fide relationship to a U.S. person or entity are exempt from the ban.
  • Currently, a formal assurance from a refugee resettlement agency is insufficient on its own to establish a bona fide relationship.  This matter is under appeal.
  •  The number of refugees to be admitted to the U.S. for fiscal year 2017 is reduced to 50,000.

How to Get Legal Help?

You can contact our organizations if:

  • You or someone you know is impacted by this executive order and would like legal advice or assistance;
  • Your community would like to request a “Know Your Rights” presentation.

CAIR New Jersey: 908-668-5900

We remain committed to challenging this Ban and protecting the communities we serve. Please do not hesitate to reach out.

Sincerely,

Jay Rehman

CAIR New Jeresy

Civil Rights Attorney

 Graphical Overview of Muslim Ban 3.0

 

Travel Advisory

On June 26, 2017, the Supreme Court of the United States allowed parts of President Trump's Muslim Ban to take effect on a temporary basis, while blocking other parts of the Ban. The Supreme Court plans to make a final decision about the case later this year.

In the meantime, here's what you need to know about how this development may impact you, your family, your education or your business in regard to the six targeted countries: Syria, Somalia, Sudan, Iran, Libya, and Yemen.

1.The Potential Good News 

The Supreme Court ruled that the Trump Administration MUST ALLOW foreign nationals from these countries to seek entry to the United States if they have a "credible claim" of a "bona fide" connection to the United States. What does that mean? 

If you are legally present in the United Sates, you can seek to bring your "close" relatives who live overseas to the United States. If you run an American school or university, you can bring a foreign student to the United States. If you run an American business, you can bring a foreign worker to the United States.

2. The Potential Bad News 

The Court has allowed the Trump Administration to BAN foreign nationals from the six targeted countries who have "no credible claim of a bona fide connection" to persons or entities in the United States. This part of the ruling leaves many questions unanswered.

For example, a legal resident of America can certainly expect to bring a spouse, parent or child to the United States. What about a brother, a cousin, or an aunt? What constitutes a legitimate and sufficiently close familial relationship? 

The answer to this question would be determined on a case-by-case basis by immigration officials under the control President Trump. If a family disagrees with a decision made by the Trump Administration, the family may have to pursue legal action against the government.

What about the travelers from the six countries who are scheduled to fly into the United States in the coming days and weeks? Immigration officials may detain or block those travelers while the Trump Administration reviews whether they do indeed have a legitimate and close connection to the United States.

As for refugees, the Supreme Court's order effectively bans any future refugees who do not already have relatives living in the United States. The Supreme Court's order also puts a question mark over refugees who are already in the process of coming to the United States.

3. What Should You Do Now? 

  • If you are in the process of, or hope to, bring a family member, student, worker or refugee from one of the six targeted countries, consult with us, an immigration attorney, or another civil rights organization.
  • If a relative, student, worker or refugee is currently en route to the United States, immediately alert us, an immigration attorney or another civil rights organization. Although the executive order may not take effect for another 72 hours, the Trump Administration may try to enforce it early.
  • If you are a citizen of the six targeted countries and you live in the United States as a permanent resident or a student or worker on a visa, you should, in theory, be able to travel in and out of the United States. 

However, in practice, you may face delays or worse if you leave the country and attempt to return. We recommend you consult with an immigration attorney before leaving the United States. We also recommend that, if possible, you stay in the United States until the Supreme Court issues its final ruling, which may happen late this year or early next year.

4. What CAIR New Jersey And Other Organizations Plan To Do

Please contact us if you experience any difficulty, or have any questions, about these developments. CAIR New Jersey is willing to assist you. 

Finally, please know that the case is not over yet. CAIR and many other organizations plan to continue fighting the Muslim Ban in both the court of law and the court of public opinion. This is critical, for the Supreme Court has apparently missed the broader point. 

If President Trump's Muslim Ban was indeed motivated by anti-Muslim bigotry, then absolutely no part of it is acceptable for any amount of time.

  

 
 

Nearly 300,000 hate crimes occur each year, but only half are reported to law enforcement.

The Vera Institute of Justice is studying experiences of hate crime in New Jersey and Los Angeles County, California.

The purpose of the study is to help improve community and law enforcement responses to hate crimes

and ensure justice for people who are harmed.

You are invited to participate in this short [15 minute], confidential, online survey about hate crime experiences.

Please also invite others in your community to respond at this link:

 

https://www.surveymonkey.com/r/verahatecrime_NJ

 

For more information, contact Dr. Laura Simich This email address is being protected from spambots. You need JavaScript enabled to view it.

or Dr. Jacob Kang-Brown This email address is being protected from spambots. You need JavaScript enabled to view it.

at the Vera Institute of Justice www.vera.org.

This study is funded by the National Institute of Justice. 

 

 

 

 

Be aware of threatening mail

Community Alert: Due to an increase in anti-Muslim hate crimes please take extra precautions. Threatening mail has been received by several Masajid in New Jersey and around the country. If you receive an envelope from overseas that resembles the one below, you are advised to handle it with gloves so as to preserve fingerprint evidence, and contact your local police, as well as the NJ OHSP by dialing 211. Once the authorities have been contacted please contact CAIR-NJ at 908-668-5900.

jersey city masjid letter envelop

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