@StateDept Terminates Evacuation Orders For U.S. Mission Turkey

Posted: 1:51 am ET

 

On September 23, the State Department updated its Travel Warning for Turkey urging American citizens to carefully consider the risks of travel in the country. The notice also informs the public of the termination of the evacuation orders for family members of USG employees posted in Turkey:

The U.S. Department of State continues to warn U.S. citizens of increased threats from terrorist groups throughout Turkey. U.S. citizens should avoid travel to southeast Turkey and carefully consider the risks of travel to and throughout the  country. The U.S. Department of State is updating this Travel Warning to reflect the September 23, 2016 decision to end the authorization for the voluntary departure of family members of employees posted to the U.S. Embassy in Ankara and the U.S. Consulate General in Istanbul, which was made following the July 15, 2016 attempted coup. In addition, effective September 24, 2016, the Department of State is ending the ordered departure of family members of U.S. government personnel posted to the Consulate in Adana and family members of U.S. government civilians in Izmir. The Department of State will authorize employed adult dependents (21 year or older) of employees to return to Adana.

U.S. citizens should still carefully consider the need to travel to Turkey at this time. The Department continues to monitor the effects of the ongoing State of Emergency; recent terrorist incidents in Ankara, Istanbul, Gaziantep, and throughout the Southeast; recurring threats; visible increases in police or military activities; and the potential for restrictions on movement as they relate to the safety and well-being of U.S. citizens in Turkey. Delays securing consular access to U.S. citizens detained or arrested by security forces, some of whom also possess Turkish citizenship, continue.

Just a couple of days  prior to the Travel Warning, the US Embassy in Ankara issued a security message saying that there were reports of a police investigation into a terror cell in Gaziantep.  The information suggests the terrorists are possibly targeting shopping centers, Starbucks, Big Chef Restaurants and or other businesses catering to Western customers.   U.S. citizens in Gaziantep are advised to exercise caution when patronizing these sorts of businesses and to avoid them if possible.

 

#

@StateDept Extends Evacuation Status of Family Members of USG Employees in Turkey Through September 23

Posted: 3:49 am ET

The State Department has issued an updated Travel Warning for Turkey. The warning dated August 29 announced the extension of the authorized departure status for family members of employees at US  Embassy Ankara and USCG Istanbul through September 23. It also extends the ordered departure status of family members of U.S. Consulate Adana employees and family members of U.S. Government civilians in Izmir province until September 23, 2016. Below via state.gov

The U.S. Department of State continues to warn U.S. citizens of increased threats from terrorist groups throughout Turkey and to avoid travel to southeastern Turkey. On August 23, 2016, the Department of State extended voluntary departure of family members assigned to the U.S. Embassy in Ankara and U.S. Consulate General in Istanbul through September 23, 2016.  The decision to authorize departure followed an attempted coup and the subsequent declaration of a 90-day state of emergency by the Turkish Government.  The decision to approve voluntary departure status was taken, in part, to allow the Department of State to monitor the effects of the July 15 coup attempt and subsequent declaration of a state of emergency on the security situation in the country.  The Department continues to monitor the effect of these developments as well as recent terrorist incidents in Ankara, Istanbul, and Gaziantep, recurring threats, a visible increase in police or military activities, and the potential for restrictions on movements.  U.S. citizens should carefully consider the need to travel to Turkey at this time.  In addition, we have recently experienced delays securing consular access to U.S. citizens, some of whom also possess Turkish citizenship, detained or arrested by security forces.

Foreign and U.S. tourists have been explicitly targeted by international and indigenous terrorist organizations in Turkey. As stated in the Worldwide Caution dated March 3, 2016, extremists throughout Europe have targeted large sporting events, theatres, open markets, aviation services, transportation systems, and public venues where people congregate as well as religious sites and high-profile events. Most recently, they have threatened to kidnap Westerners and U.S. citizens. U.S. citizens are reminded to review personal security plans, monitor local news for breaking events, and remain vigilant at all times.

U.S. Government personnel in Turkey remain subject to travel restrictions in the southeastern provinces of Hatay, Kilis, Gaziantep, Sanliurfa, Sirnak, Diyarbakir, Van, Siirt, Mus, Mardin, Batman, Bingol, Tunceli, Hakkari, Bitlis, and Elazig.  U.S. citizens should avoid areas in close proximity to the Syrian border.

The Department of State is also extending its March 29, 2016, ordered departure of family members of U.S. Government personnel posted to the U.S. Consulate in Adana and family members of U.S. Government civilians in Izmir province until September 23, 2016. The U.S. Consulate in Adana remains open and will continue to provide all routine consular services.

#

Yemen Non-Evacuation: Court Refuses to Second-Guess Discretionary Foreign Policy Decisions

Posted: 4:38 am ET

The State Department’s Yemen Crisis page notes that due to deteriorating situation, it suspended embassy operations on February 11, 2015, and U.S. Embassy Sana’a American staff were relocated out of the country.  “All consular services, routine and emergency, continue to be suspended until further notice. The Department notified the public of this move, and its impact on consular services, and urged U.S. citizens in Yemen to depart while commercial transportation was available.”

The U.S. Embassy in Sanaa went on mandatory evacuation in May 2011 (see US Embassy Yemen Now on Ordered Departure), and again in August 2013 (see US Embassy Yemen Now on Ordered Departure) and November 2014 (see US Embassy Yemen on Ordered Departure Once Again). In July 2014, the State Department issued a Travel Warning, see New Travel Warning for Yemen — Don’t Come; If In Country, Leave! But Some Can’t Leave).

See our other posts:

The case below was filed on April 9, 2015 by a Nora Ali Mobarez, a United States citizen residing in Yemen.  She was joined by “25 other people, all of whom are U.S. citizens or permanent residents with Yemeni connections” in filing a cases against the Secretaries of State and Defense and seeking a court order to “compel Defendants to comply with an alleged duty of the Executive Branch to provide a means of evacuation from Yemen for them or their relatives.”

Excerpt from the Memorandum of Opinion dated May 17, 2016 by Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia:

Plaintiff Nora Ali Mobarez, a United States citizen, is currently residing in the war-torn and conflict-ridden Republic of Yemen. (See Compl., ECF No. 2, ¶¶ 4, 55– 59.) Mobarez has joined with 25 other people, all of whom are U.S. citizens or permanent residents with Yemeni connections, to file the instant official-capacity complaint against the Secretary of the Department of State (“State”) and the Secretary of the Department of Defense (“DOD” and, collectively, “Defendants”). These plaintiffs seek a court order to compel Defendants to comply with an alleged duty of the Executive Branch to provide a means of evacuation from Yemen for them or their relatives. (See id. ¶¶ 3–24, 29–77.) Specifically, their complaint asserts that the United States has closed its embassy in Sana’a, Yemen, has evacuated embassy staff, and has removed Marines from the country, but that the U.S. government has yet to execute any plan to secure the safe removal of private American citizens. (See id. ¶¶ 34–36, 77.) According to Plaintiffs, Defendants’ forbearance violates the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701–06, insofar as Defendants “have failed to provide through direct military assistance or contracting with commercial entities the necessary equipment, ships, airplanes, and other items that are available to Defendants to [e]nsure the security, safety, and well-being of United States citizens[,]” and have therefore “unlawfully withheld and/or unreasonably delayed agency action to which the Plaintiffs are entitled” and/or “have taken action that is arbitrary and capricious and an abuse of discretion and not in accordance with law[.]” (Id. ¶ 81.)

Before this Court at present is Defendants’ Motion to Dismiss the instant complaint. (See Defs.’ Mot. to Dismiss (“Defs.’ Mot.”), ECF No. 8.) Defendants contend that Plaintiffs are wrong about the existence of any duty to evacuate them. (See Defs.’ Reply in Supp. of Defs.’ Mot. (“Reply”), ECF No. 12, at 6–8.)1 Furthermore, as a threshold matter, Defendants insist that legal claims such as the ones Plaintiffs bring here require the judiciary to second-guess the discretionary foreign- policy decisions of the Executive Branch, and thus, are nonjusticiable under the political-question doctrine. (See Defs.’ Mem. in Supp. of Defs.’ Mot. (“Defs.’ Mem.”), ECF No. 8-1, at 12–14.)

On March 31, 2016, this Court issued an order GRANTING Defendants’ Motion to Dismiss Plaintiffs’ complaint. (See Order, ECF No. 13.) The instant Memorandum Opinion explains the Court’s reasons for that order. In short, the Court agrees with Defendants’ justiciability argument, and has therefore concluded that it lacks jurisdiction to entertain Plaintiffs’ complaint.
[…]
Plaintiffs have asked this Court, in no uncertain terms, to issue an order that compels the Executive Branch to conduct an evacuation of American citizens in Yemen. Not surprisingly, Defendants insist that any such order would impermissibly encroach upon the discretion that the Constitution affords to the political branches to conduct foreign affairs; therefore, prior to considering Defendants’ contention that Plaintiffs’ complaint fails to state a claim under the APA, this Court must first determine whether or not it has the authority to traverse the thicket of thorny foreign-policy issues that encompasses Plaintiffs’ allegations. Precedent in this area makes it crystal clear that federal courts cannot answer “political questions” that are presented to them in the guise of legal issues, see infra Part III.A., but identifying which claims qualify as nonjusticiable political questions—and which do not—can sometimes be a substantially less lucid endeavor. Not so here: as explained below, after considering the parties’ arguments and the applicable law regarding the boundaries of the political-question doctrine, this Court is confident that Plaintiffs’ claims fit well within the scope of the nonjusticiability principles that the Supreme Court and D.C. Circuit have long articulated. Accordingly, in its Order of March 31, 2016, the Court granted Defendants’ motion and dismissed Plaintiffs’ case.
[…]
It cannot be seriously disputed that “decision-making in the fields of foreign policy and national security is textually committed to the political branches of government.” Schneider, 412 F.3d at 194; see also id. at 194–95 (collecting the various explicit “[d]irect allocation[s]” in the Constitution of those responsibilities to the legislative and executive branches). And, indeed, Plaintiffs seek to have this Court question the Executive Branch’s discretionary decision to refrain from using military force to implement an evacuation under the circumstances described in the complaint, despite the fact that, per the Constitution, it is the President who, as head of the Executive Branch and “Commander in Chief[,]” U.S. Const. Art. II, § 2, decides whether and when to deploy military forces, not this Court. See El-Shifa, 607 F.3d at 842 (explaining that a claim “requiring [the court] to decide whether taking military action was wise” is a nonjusticiable “policy choice[] and value determination[]” (second and third alterations in original) (internal quotation marks and citation omitted)).

Plaintiffs’ suggestion that the court-ordered remedy they seek could very well stop short of a direct mandate for military intervention (see Pls.’ Opp’n at 15 (asserting that “[t]his Court can order Defendants to [effectuate the evacuation] by simply directing the evacuation to happen and leaving it to Defendants to determine the means”)) makes no difference, as far as the political-question doctrine is concerned. Regardless, the clear basis for the complaint’s assertion that Plaintiffs are entitled to any relief at all is the contention that the Executive Branch has abused its discretion— in APA terms—in refusing to evacuate U.S. citizens from Yemen thus far (see, e.g., Compl. ¶ 81), and the Court’s evaluation of that contention would necessarily involve second-guessing the “wisdom” of these agencies’ discretionary determinations.
[…]
[T]he “strategic choices directing the nation’s foreign affairs are constitutionally committed to the political branches[,]” and once it becomes clear that a plaintiff wishes the courts to “reconsider the wisdom of discretionary foreign policy decisions[,]” the judicial inquiry must end.

Read the Memorandum of Opinion here (PDF) or read below:

 

#

 

U.S. Mission Turkey Now on “Authorized Departure” For Family Members in Ankara and Istanbul

Posted: 2:08 am ET

 

The State Department updated its Travel Warning for Turkey on July 26 announcing the “authorized departure” of U.S. Mission Turkey family members from the US Embassy in Ankara and the Consulate General in Istanbul.

The U.S. Department of State continues to warn U.S. citizens of increased threats from terrorist groups throughout Turkey and to avoid travel to southeastern Turkey. The U.S. Department of State is updating this Travel Warning to reflect the July 25, 2016, decision to authorize the voluntary departure of family members of employees posted to the U.S. Embassy in Ankara and U.S. Consulate General in Istanbul, Turkey. The Department of State made this decision following the July 15 attempted coup and subsequent declaration by the Turkish government of a 90-day State of Emergency. The Department continues to monitor the effect of these developments on the overall security situation in the country and advises U.S. citizens to reconsider travel to Turkey at this time. During this period, U.S. citizens in Turkey may see an increase in police or military activities and restrictions on movement.

Read the updated warning here.

Screen Shot

The State Department has already extended its March 29, 2016 mandatory evacuation order for family members of U.S. Government personnel posted to the U.S. Consulate in Adana and family members of U.S. Government civilians in Izmir province through July 26, 2016.  We expect to hear further extension of that order now that the two other posts in the country are now on authorized departure  following the declaration of a 90-day State of Emergency. See @StateDept Extends “Ordered Departure” Status for Consulate Adana/Izmir Prov Through July 26, 2016.

#

@StateDept Extends “Ordered Departure” Status for Consulate Adana/Izmir Prov Through July 26, 2016

Posted: 4:33 am ET

 

The State Department issued a new Travel Warning for Turkey:

  • The Department of State extended its March 29, 2016 ordered departure of family members of U.S. Government personnel posted to the U.S. Consulate in Adana and family members of U.S. Government civilians in Izmir province through July 26, 2016.  The Department of State terminated its March 29, 2016 ordered departure declaration for Mugla province. The U.S. Consulate in Adana remains open and will continue to provide all routine consular services.
  • U.S. Government personnel in Turkey remain subject to travel restrictions in the southeastern provinces of Hatay, Kilis, Gaziantep, Sanliurfa, Sirnak, Diyarbakir, Van, Siirt, Mus, Mardin, Batman, Bingol, Tunceli, Hakkari, Bitlis, and Elazig.  U.S. citizens should avoid areas in close proximity to the Syrian border.
  • U.S. government employees in Turkey are permitted to leave their residences and hotels, but advised to do so during daylight hours given calls for sustained pro-government rallies in public spaces and the possibility that demonstrations and protests could ensue or turn violent with little notice.
  • The U.S. Department of State warns U.S. citizens of increased threats from terrorist groups throughout Turkey and to avoid travel to southeastern Turkey.    In light of the July 15 coup attempt and its aftermath, we suggest U.S. citizens reconsider travel to Turkey at this time.

#

U.S. Embassy Dhaka: Now on “Authorized Departure” For Family Members of USG Personnel

Posted: 3:39 am ET

On July 10, the State Department updated its Travel Warning for Bangladesh and announced the voluntary evacuation of family members of U.S. personnel posted to the U.S. Embassy in Dhaka:

The Department of State warns U.S. citizens to consider carefully whether you need to travel to Bangladesh, in light of the latest attack in a series of extremist events.  Effective July 10, 2016, the Department of State authorized the voluntary departure of family members of U.S. government personnel posted to the U.S. Embassy in Dhaka.  The U.S. Embassy in Dhaka remains open and will provide all routine consular services.  The U.S. government assesses that the terrorist threat is real and credible.

bg-map

On July 1, 2016, attackers killed more than 20 people in a restaurant frequented by foreigners in Dhaka’s diplomatic enclave, including one U.S. citizen.  Other attacks continue to be carried out against religious minorities, bloggers, publishers, and security forces throughout the country.  Daesh (also referred to as ISIL, or ISIS) and Al Qaeda in the Indian Subcontinent (AQIS) have publicly claimed credit for various attacks since September 2015.

U.S. citizens should take stringent security measures, remain vigilant, and be alert to local security developments.  Be aware that U.S. government officials and their families currently are not permitted to:

  • visit public establishments or places in Bangladesh
  • travel on foot, motorcycle, bicycle, rickshaw, or other uncovered means on public thoroughfares and sidewalks in Bangladesh
  • attend large gatherings in Bangladesh

Read the full announcement here.

 

Related posts:

 

#

U.S. Embassy Juba: 47 Troops Ordered to South Sudan, 130 Pre-Positioned in Djibouti

Posted: 2:19 am PT

 

On July 13, President Obama informed Congress of the deployment of U.S. Armed Forces personnel to the U.S. Embassy in Juba, South Sudan.

In response to the deteriorating security situation in South Sudan, I have ordered the deployment of additional U.S. Armed Forces personnel to South Sudan to support the security of U.S. personnel, and our Embassy in Juba. The first of these additional personnel, approximately 47 individuals, arrived in South Sudan on July 12, 2016, supported by military aircraft. Although equipped for combat, these additional personnel are deployed for the purpose of protecting U.S. citizens and property. These deployed personnel will remain in South Sudan until the security situation becomes such that their presence is no longer needed. Additional U.S. Armed Forces, including approximately 130 military personnel currently pre-positioned in Djibouti, are prepared to provide support, as necessary, for the security of U.S. citizens and property, including our Embassy, in South Sudan.

On July 13, Embassy Juba also announced two charter flights that will depart Juba for Entebbe, Uganda on Thursday, July 14. Passengers are expected to make onward travel plans themselves. A security message issued previously notes that “seating is very limited”  and that the mission “cannot guarantee availability.”  Passengers are limited to one piece of luggage (20 kg/45 lbs) each.  Pets are not included in the charter flights.  Passengers who are not documented with a valid U.S. passport “will likely not be considered for boarding.”

 

Germany and the EU have completed the evacuation of its citizens on July 13.  The UK and India are in the process of also evacuating their citizens from South Sudan.

#

US Embassy Juba: Two Charter Flights For U.S. Citizens to Depart on July 14

Posted: 1:11 pm ET

The U.S. Embassy in Juba sent an emergency message to U.S. citizens in South Sudan informing them on two charter flights departing from Juba to Entebbe (Uganda) on Thursday, July 14.

Evacuation Flights from Juba Beginning | July 13, 2016

The U.S. Embassy in Juba informs resident American citizens that two charter flights will be departing Juba to Entebbe on July 14. U.S. citizens wishing to depart on the first flight should arrive to the airport at 8:30 a.m. to be processed. U.S citizens wishing to depart on the second flight should arrive no later than 12:30 p.m. to be processed.

The U.S. Embassy will not collect money for this flight; however, all passengers will be required to complete and sign a DS-5528 promissory letter for the fare. The amount of the loan will be the cost of a full fare ticket from Juba to Entebbe (approximately USD250). You must arrange your own transportation to the airport and onward from Juba. Due to ongoing security concerns, please remain vigilant when moving about the city.

Notice to all passengers: (1) Bring a valid travel document (passport); (2) you are restricted to one small carryon; and (3) no pets will be allowed. The Embassy continues to monitor the situation and will update you as appropriate.

Read What the Department of State Can and Can’t Do in a Crisis.

 

#

@StateDept Orders Departure of Non-Emergency Personnel From US Embassy #Juba, Canada Closes Embassy

Posted: 1:12 am ET
Updated 1:20 am ET

On July 10, the State Department issued a new Travel Warning against travel to South Sudan due to ongoing fighting, intercommunal violence, and violent crime.  It also announced the “ordered departure” of non-emergency personnel from the U.S. Embassy in Juba.  Post is headed by Ambassador Mary Catherine (Molly) Phee, a career diplomat who was sworn in as U.S. Ambassador to South Sudan in July last year.

CIA Map

CIA Map

Excerpt below:

The U.S. State Department warns U.S. citizens against travel to the Republic of South Sudan because of ongoing fighting, intercommunal violence, and violent crime.  On July 10, 2016, the Department of State ordered the departure of non-emergency personnel from US. Embassy Juba.  This replaces the Travel Warning dated December 31, 2015.

After clashes between government and opposition forces in Juba on July 7 and 8, general fighting broke out in Juba on July 10.  Since the signing of a peace agreement in August 2015 and the formation of the Transitional Government of National Unity in April 2016, instability has persisted nonetheless across the country.  This instability is exacerbated by intertribal and intercommunal violence, cattle raiding, economic uncertainty, and an increase in violent crime. Aid workers have been the targets of shootings, ambushes, assaults, harassment and robberies, some resulting in death.  Fighting that began on July 10 marked a sudden and serious deterioration in the security situation in the capital.

The risk of violent crime is high throughout South Sudan, including in Juba.  Due to the risk of carjacking and banditry, travel outside of Juba should be undertaken with a minimum of two vehicles and appropriate recovery and medical equipment in case of mechanical failure or other emergency.  All U.S. citizens should have evacuation plans that do not rely on U.S. government assistance, and should carry medical evacuation insurance.

Due to risks to civil aviation operating within or in the vicinity of South Sudan, the Federal Aviation Administration (FAA) has issued a Notice to Airmen (NOTAM). For further background information regarding FAA flight advisories and prohibitions for U.S. civil aviation, U.S. citizens should consult Federal Aviation Administration’s Prohibitions, Restrictions and Notices.

Read the full text of the warning here.

Meanwhile, CBCNews is reporting that the Canadian government has now closed its embassy in Juba “until further notice” and warned Canadians in the country to consider leaving as soon as it’s safe to do so.  “Be aware that the ability of Canadian officials to provide consular assistance in South Sudan is extremely limited. The situation in Juba is deteriorating,” reads a Global Affairs advisory sent to Canadian nationals in South Sudan. See more here.

A few news clips:

 

Related posts:

 

U.S. Embassy Bamako: Family Members on ‘Authorized Departure’ From Mali. Again.

Posted: 4:09 am ET

 

In December 2015, the U.S. Embassy in Mail went on “authorized departure” for non-emergency staff and family members.

On March 1, 2016, the “authorized departure” order was lifted.

On July 1, 2016, the State Department updated its Travel Warning for Mali with a notice of an FAA NOTAM for Mali and the authorized departure of embassy family members again:

The Department of State warns U.S. citizens traveling to or residing in Mali of ongoing terrorist attacks and criminal violence in Mali. The security environment in Mali remains fluid, and the potential for attacks throughout the country, including in Bamako, remains high. Additionally, the Federal Aviation Administration (FAA) has revised its advisory NOTAM for Mali advising U.S. civil aviation to avoid flying below 26,000 ft (FL260) over the airspace of Mali. This Travel Warning is being updated to notify U.S. citizens that on July 1, 2016, the Department of State ordered the departure of eligible family members 21 and younger and authorized the departure of their accompanying adult parents from the U.S. Embassy in Bamako.  This notice replaces the Travel Warning issued on April 21, 2016.

Violent extremist groups targeting foreigners, including al-Qa’ida in the Lands of Islamic Maghreb (AQIM) and al-Murabitoun, have claimed responsibility for multiple terrorist attacks in Mali over the past year, as well as kidnappings in Timbuktu and along the border with Burkina Faso.  Furthermore, violent extremist elements continue to target Malian security forces, resulting in attacks on Malian government outposts and base camps for The United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA).

On March 21, 2016, heavily armed assailants attacked the European Union’s Training Mission (EUTM) headquarters and primary residence in the diplomatic enclave in Bamako.  Although no U.S. citizens were affected by the attack and no EUTM staffs were injured, one Malian security officer was shot and required extensive medical care. AQIM claimed responsibility for the attack.

On November 20, 2015, one U.S. citizen and 19 other foreigners were murdered when heavily armed assailants stormed the Radisson Blu Hotel in Bamako using gunfire and grenades.  AQIM and al-Murabitoun claimed responsibility for the attack.

Following the November 20, 2015 attacks on the Radisson Blu Hotel in Bamako, the government of Mali increased its security presence in Bamako.  Roadblocks and random police checkpoints, especially between sundown and sun-up, are possible. U.S. government personnel are restricted from traveling outside the Bamako region, and may be subject to other restrictions, as security situations warrant.  U.S. citizens should consider taking similar precautions, are reminded to stay vigilant and aware of their surroundings, and exercise caution throughout the country, especially at night.

Read in full here.

Related posts: