Current Visa Sanctions: Cambodia, Guinea, Eritrea, Sierra Leone, Plus The Gambia #INA243(d)

Posted: 1:38 am ET
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We previously blogged about visa sanctions in January 2017 for countries who refused to accept their deported nationals (see On Invocation of Visa Sanctions For Countries Unwilling to Accept Their Deported Nationals. Also read @StateDept Notifies Foreign Countries of New Information Sharing Standards Required For U.S. Travel.

Note that the Trump Executive Order: Enhancing Public Safety in the Interior of the United States include section 12 on countries who refused to accepted their nationals who are subject to removal by the United States:

Sec. 12.  Recalcitrant Countries.  The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate.  The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.

Read more: U.S. to Invoke Visa Sanctions For Four Countries Unwilling to Accept Deported Nationals

On September 12, the State Department released an update of its FAM guidance 9 FAM 601.12 on the “Discontinuation of Visa Issuance Under INA 243 (D).   Per 9 FAM 601.12-2(C), the following countries are currently subject to discontinuation of visa issuance under INA 243(d): Cambodia, The Gambia, Guinea, Eritrea, and Sierra Leone.

Kevin Brosnahan, the spokesperson for the Department’s Bureau of Consular Affairs released the following statement:

The Secretary of State has ordered consular officers in Eritrea, Guinea, Sierra Leone, and Cambodia to implement visa restrictions effective September 13, 2017. The Secretary determined the categories of visa applicants subject to these restrictions on a country-by-country basis. Consular operations at the U.S. embassy will continue. These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.

The Department of State received notification under Section 243(d) of the Immigration and Nationality Act from the Department of Homeland Security for Eritrea, Guinea, Sierra Leone, and Cambodia. According to that section of the law, when a country denies or unreasonably delays accepting one of its nationals, the Secretary of Homeland Security may notify the Secretary of State. The Secretary must then order consular officers in that country to discontinue issuance of any or all visas.   The Secretary determines the categories of applicants subject to the visa restrictions.

via travel.state.gov

Below are the four countries, in addition to The Gambia that are currently under visa sanctions/restrictions. With the exception of  Eritrea where the sanctions affect “Eritrean citizens, subjects, nationals, and residents,” the restrictions for the other countries are currently directed at government officials and their families.

CAMBODIA (see full notice here)

As of September 13, the U.S. Embassy in Phnom Penh, Cambodia has discontinued issuing B1, B2, and B1/B2 visas for Cambodian Ministry of Foreign Affairs employees, with the rank of Director General and above, and their families, with limited exceptions.

Under Section 243(d) of the Immigration and Nationality Act, when so requested by the Secretary of Homeland Security due to a particular country’s refusal to accept or unreasonably delay the return of its nationals, the Secretary of State must order consular officers to suspend issuing visas until informed by the Secretary of Homeland Security that the country in question has accepted the individuals.

GUINEA (see full notice here)

As of September 13, the U.S. Embassy in Conakry, Guinea has discontinued issuing B, F, J, and M visas to Guinean government officials and their immediate family members, with limited exceptions.

ERITREA (see full notice here)

As of September 13, 2017, the United States Embassy in Asmara, Eritrea, under instructions from the Secretary of State, has discontinued the issuance of non immigrant visas for business or pleasure (B1/B2) to Eritrean citizens, subjects, nationals, and residents. The Department of State may make exceptions for travel that is in the U.S. national interest, for emergency or humanitarian travel, and other limited exceptions.

SIERRA LEONE (see full notice here)

On Wednesday, September 13, the United States Embassy in Freetown, Sierra Leone will discontinue the issuance of B visas (temporary visitors for business or pleasure) to Ministry of Foreign Affairs officials and immigration officials.

Consular operations at the U.S. embassy or consulate will continue.  These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.

THE GAMBIA (see announcement here)

The sanctions placed on The Gambia occurred last year. As of October 1, 2016, the United States Embassy in Banjul, The Gambia discontinued issuing visas to Gambian government officials, others associated with the government, and their families.  The announcement says that the Department may make exceptions for travel based on U.S. international obligations and to advance humanitarian and other U.S. government interests.

Per  FAM 601.12-3(C) (a) Public Notice of Discontinuation of Visa Issuance:  During the period of discontinuation, posts should continue receiving and adjudicating cases; however, posts should explain the discontinuation of visas to all applicants covered by the order.  The explanation should note that visas cannot generally be issued for certain visa classifications or categories of applicants as determined by the Secretary’s order, and explain that visa fees will not be refunded, but that the cases will be reviewed again once visa issuance resumes.  The notification may be provided by flyers posted in the consular section and/or on the post’s website.

All the above notices are posted under the “News/Events” section of the embassies’ websites, which is understandable, but that is also not the section that visa applicants would first look when searching for visa information. One post did not include the information on non-refundable fees.

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President Obama Ends ‘Wet Foot, Dry Foot’ Policy For Cuban Migrants

Posted: 12:32 am ET
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In August 2016, nine Latin American countries wrote a letter to Secretary Kerry about the USG’s “wet-foot/dry foot” policy and “expressing their deep concern about the negative effects of U.S. immigration policy across the region.” (see Nine Latin American Countries Request Review of U.S. “Wet Foot/Dry Foot” Policy For Cuban Migrants).

Today, the White House announced the end of the policy which allows Cuban migrants seeking passage to the United States who are intercepted at sea (“wet feet”) to be sent back to Cuba or to a third country, while those who make it to U.S. soil (“dry feet”) are allowed to remain in the United States. The change in policy is effective immediately according to DHS.  Below is the announcement:

Today, the United States is taking important steps forward to normalize relations with Cuba and to bring greater consistency to our immigration policy. The Department of Homeland Security is ending the so-called “wet-foot/dry foot” policy, which was put in place more than twenty years ago and was designed for a different era.  Effective immediately, Cuban nationals who attempt to enter the United States illegally and do not qualify for humanitarian relief will be subject to removal, consistent with U.S. law and enforcement priorities.  By taking this step, we are treating Cuban migrants the same way we treat migrants from other countries. The Cuban government has agreed to accept the return of Cuban nationals who have been ordered removed, just as it has been accepting the return of migrants interdicted at sea.

Today, the Department of Homeland Security is also ending the Cuban Medical Professional Parole Program.  The United States and Cuba are working together to combat diseases that endanger the health and lives of our people. By providing preferential treatment to Cuban medical personnel, the medical parole program contradicts those efforts, and risks harming the Cuban people.  Cuban medical personnel will now be eligible to apply for asylum at U.S. embassies and consulates around the world, consistent with the procedures for all foreign nationals.

The United States, a land of immigrants, has been enriched by the contributions of Cuban-Americans for more than a century.  Since I took office, we have put the Cuban-American community at the center of our policies. With this change we will continue to welcome Cubans as we welcome immigrants from other nations, consistent with our laws.   During my Administration, we worked to improve the lives of the Cuban people – inside of Cuba – by providing them with greater access to resources, information and connectivity to the wider world. Sustaining that approach is the best way to ensure that Cubans can enjoy prosperity, pursue reforms, and determine their own destiny. As I said in Havana, the future of Cuba should be in the hands of the Cuban people.

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Snapshot: U.S. Deportations to Top Receiving Countries: FY2013-FY2015

Posted: 12:03 am ET
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Extracted from CRS RL34112 | August 2016 — via Secrecy News

Via CRS

Via CRS

 

 

US Embassy Burma: Amb Marciel Presents Credentials, Monks Protest Use of Word #Rohingya

Posted:1:52 am ET
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Meanwhile — local monks protested at the U.S. Embassy in Rangoon for its use of the word “Rohingya” in its statement (PDF) about the events in Rakhine State:

The U.S. Embassy is deeply concerned about recent events in Rakhine State. We were saddened by the news about those who tragically lost their lives after a boat capsized near Thae Chaung in Sittwe Township on April 19 and we extend our condolences to the families of the victims, who local reports state were from the Rohingya community. Restrictions on access to markets, livelihoods, and other basic services in Rakhine State can lead to communities unnecessarily risking their lives in an attempt to improve their quality of life.

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WaPo: New Afghan Trail to the West Goes Through Cuba?

Posted: 3:40 am ET
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Via WaPo:

Over the past two months, travel agents in Kabul have been surprised by Afghans showing up at their offices with Cuban visas, which are suspected of having been issued in Iran or acquired on the black market.

“Ten or 15 people have come just since January asking for tickets for Cuba,” Sayeedi said. “And they are not staying there. The only option is to move forward, probably on to Mexico and then America or Canada.”

Other agents in Kabul also report a spike in interest in Cuba, and U.N. officials in the northern Afghan city of Kunduz say they recently encountered a family with Cuban visas. Havana has been a way station in the past for South Asians hoping to transit to Central America and from there to the United States.

Besides Cuba, some Afghans are attempting to land in South America, either to seek residency there or make the trip north toward the U.S.-Mexico border.

Read more:

 

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Snapshot: Unaccompanied Children By Country of Citizenship (FY2009-2014)

Posted: 12:25 am EDT
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Via GAO

According to the Department of Homeland Security (DHS), the number of UAC from any country apprehended at the U.S. border climbed from nearly 28,000 in fiscal year 2012 to more than 42,000 in fiscal year 2013, and to more than 73,000 in fiscal year 2014. Prior to fiscal year 2012, most UAC apprehended at the border were Mexican nationals.5 However, as figure 1 shows, starting in fiscal year 2013, the total number of UAC from El Salvador, Guatemala, and Honduras surpassed the number of UAC from Mexico and, in fiscal year 2014, far surpassed the number of UAC from Mexico.

Screen Shot 2015-10-27

Recent data and research indicate that, while fewer UAC are being apprehended in the United States in 2015, the pace of migration from Central America remains high. According to DHS, as of August 2015, apprehensions at the southwest border are down 46 percent compared with last year—with more than 35,000 UAC apprehended in fiscal year 2015 compared with about 66,000 through the same time period in fiscal year 2014. However, analyses of DHS data indicate that apprehensions in the month of August 2015 increased compared to previous months this year and exceeded by nearly 50 percent August 2014 apprehensions. Moreover, research by two nongovernmental organizations indicates that a greater number of Central Americans this year are being apprehended in Mexico. According to the Migration Policy Institute,6 Mexico has increased its enforcement capacity and is apprehending a greater number of Central American migrants, including children.

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In fiscal year 2014, USAID, State, DHS, and IAF allocated a combined $44.5 million for El Salvador, $88.1 million for Guatemala, and $78 million for Honduras. In addition, MCC signed a threshold program agreement with Honduras in fiscal year 2013 totaling $15.6 million, a compact agreement with El Salvador in fiscal year 2014 totaling $277 million, and a threshold program agreement with Guatemala in fiscal year 2015 totaling $28 million.

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US Embassy Budapest Issues Alert on Railway Station, Silent on Refugee/Migration Crisis on Doorstep

Posted: 6:37 pm EDT
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The UNCHR in Budapest, Hungary writes that — an angry confrontation between police and refugees on a blocked train just outside Budapest; a makeshift camp of stranded Syrians, Afghans and others at the capital’s main railway station; more than 2,000 refugees crossing into the country from Serbia each day the contours of Europe’s refugee and migration crisis are growing and shifting.  It describes the concourse in front of the main Keleti train station in Budapest as resembling a sad, makeshift campsite. “More than 2,000 people slept there overnight, a few in small tents, some with blankets and air mattresses, many on the cement floor covered in nothing but their clothes.”
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On September 3, the U.S. Embassy in Hungary issued an alert concerning the migrants at the the Keleti Railway Station. This is about the only statement we could locate concerning the refugee crisis in its host country:

The U.S. Embassy advises all U.S. citizens in Hungary to be alert when traveling through the Keleti Railway Station (Palyaudvar).  Increasing numbers of migrants in and around the station have resulted in large crowds in public spaces.  Although these crowds have occasionally confronted police, demonstrations have been peaceful, and the presence of migrants has not led to a rise in crime, violent or otherwise.  However, even demonstrations intended to be peaceful can turn confrontational and escalate into violence.  You should avoid areas of demonstrations, and exercise caution if in the vicinity of any large gatherings, protests, or demonstrations. Rail passengers should be prepared to show their passports to be admitted to the trains and platforms.  Rail traffic to and from the station has been subject to significant delays.  In some cases, departures have been cancelled.

On the same day when Hungary was accused of inhumane treatment of refugees, Embassy Budapest tweeted this:

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A couple of weeks earlier, the U.S. Ambassador to Hungary Colleen Bell toured Hungary’s majestic caves:

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An FB commenter writes to Embassy Budapest:

Ambassador Bell, by not speaking against Hungary’s regressive and inhuman actions on refugees you are proving all the charges that you are an ineffective diplomat and mere window dressing. Perhaps you should join Donald Trump’s campaign. Hungary needs to become the great country she could be, not revert to her infamous policies of the 20th Century.

Two days ago, this photo shocked the world:

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On September 3, the State Department spox tweeted this:

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The latest from Embassy Budapest today is learning more about programs that support the conservation of culture, urging,  “Follow !”

On Facebook, there is a ‪#‎USAfridayQUIZ‬.

That’s all.

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Temporary Protected Status for Haitians in U.S.

Seal of the United States Department of Homela...Image via Wikipedia

Allows Haitians who were in US on January 12 to stay for 18 months

Last week, Homeland Security Secretary Janet Napolitano released a statement on the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. Note that those who attempt to travel to the US after January 12, 2010 will not/not be eligible for TPS and will be repatriated. USCIS says that to be eligible for benefits, “nationals of Haiti (or persons having no nationality who last habitually resided in Haiti) must have continuously resided in the United States since January 12, 2010.” DHS estimates that approximately 100,000 to 200,000 individuals will be eligible for TPS.  Reprinted in full below:
Statement by Homeland Security Secretary Janet Napolitano
Release Date: January 15, 2010 | Office of the Press Secretary
As part of the Department’s ongoing efforts to assist Haiti following Tuesday’s devastating earthquake, I am announcing the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.
At this moment of tragedy in Haiti it is tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere. But attempting to leave Haiti now will only bring more hardship to the Haitian people and nation. The international community has rallied to deliver relief to Haiti. Much has already arrived and much more is on its way. The Haitians are resilient and determined and their role in addressing this crisis in their homeland will be essential to Haiti’s future.
It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.
The Department of Homeland Security continues to extend sympathy to our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts.
Haitians in the U.S. who are eligible to apply for TPS should go to www.uscis.gov or call USCIS toll-free at (800) 375-5283.
You can also check DHS Haiti Earthquake Response page and the related links below. 
 
Related Items: 

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Video of the Week: The Snakehead

When human smuggler Sister Ping was finally captured by the FBI and went on trial in New York City, Patrick Radden Keefe became fascinated by the powerful “snakehead”-her business acumen, her underground network, and the respect and affection she commanded in Chinatown even as prosecutors charged her with being the kingpin of a vast and often violent criminal enterprise. Her story, and the story of the smuggling ship the Golden Venture, raised a series of fascinating questions about why people will still risk their lives and borrow tens of thousands of dollars to live and work as illegal immigrants in America.

To get to the bottom of the story, Keefe interviewed smugglers and cops, government informants and FBI agents, White House officials and undocumented immigrants. He journeyed to Canada, where Sister Ping’s network sent customers over the Niagara River in rubber rafts, to Hong Kong and Bangkok, where corrupt officials allowed undocumented immigrants to board planes to America, to the rust belt town of York, Pennsylvania, where the Golden Venture passengers were imprisoned for four years, and to Fujian Province, China, where many villages are completely empty now-because everyone has left for America.

From the New America Foundation

Check out Patrick Radeen Keefe’s The Snakehead website.

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