@StateDept Spox Talks About Visa Refusals, Oh Dear!

Posted: 3:01 am ET
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Via the Department Press Briefing:

(No longer daily, now rebranded, and better than ever)

QUESTION: Well, does that mean parole – the fact that parole had to be used would suggest – and let’s just put it in a – not in this specific context, because you won’t talk about these visas specifically – would suggest that the reason for ineligibility stands, that – in other words, that if parole is the only way a person can get into this country, that the decision made by the consular officers at post stands.

MS NAUERT: The consular officers – as I understand it, under law and the way that they handle visa adjudications, once a visa is denied, that that is not able to be reversed, that that decision is not able to be reversed.

QUESTION: Right. In other words – so the decision that was made at post that these girls or anyone was ineligible for a visa stands. So —

MS NAUERT: I can’t comment – I cannot —

QUESTION: — then one wonders why the immigration law is such that it determines or that someone looking at it determines that a bunch of teenage Afghan girls are somehow a threat to the United States or are somehow a – somehow – or otherwise ineligible for an American visa.

MS NAUERT: I think commenting on that, as much as I would like to be able to share with you more about this – you know I can’t. You know I can’t because it’s a visa confidentiality, but I can tell you that it is not reversible once a consular affairs officer denies someone’s visa. DHS took it up; they have the ability to do so. Anything beyond that, DHS would have to answer that.

QUESTION: Right. But I mean it remains the State Department’s position that someone who can only get into the country on this parole – on parole is ineligible for a visa, correct?

MS NAUERT: I wouldn’t conflate one with the other. That is DHS. That’s a different department. That’s a different kind of program. That’s not a program that we administer here. Okay?

QUESTION: But State Department denied the visas twice before the parole was granted.

MS NAUERT: I can’t comment on that. Again, that would come under visa confidentiality. DHS made its decision, and so we are now glad that the girls are coming to the United States and wish them well.

QUESTION: But would that initial decision be reviewed, then, and whatever —

MS NAUERT: I know that our people at very senior levels in Afghanistan were involved in this, and I’ll just leave it at that. Okay?

QUESTION: So if parole – if visa – if visa information is completely confidential and you can’t discuss it, why is parole information available? And then why didn’t you give parole to the —

MS NAUERT: That’s a – you have to talk to DHS about that. Again, that’s a DHS program.

NOW THIS — tales of visa confidentiality:

In fairness to the State Department, the agency did not release any statement about its issuance of a visa to the current central player of the Russian controversy. The Department of Homeland Security did that on its own in a statement to BuzzFeed News last week when DHS cited the issuance of a B1/B2 nonimmigrant visa by the U.S. Department of State in June 2016.

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Related items:

9 FAM 403.10-4  (U) OVERCOMING OR WAIVING REFUSALS

INA 291 places the burden of proof upon the applicant to establish eligibility to receive a visa.  However, the applicant is entitled to have full consideration given to any evidence presented to overcome a presumption or finding of ineligibility.  It is the policy of the U.S. Government to give the applicant every reasonable opportunity to establish eligibility to receive a visa.  This policy is the basis for the review of refusals at consular offices and by the Department.  It is in keeping with the spirit of American justice and fairness.  With regard to cases involving classified information, the cooperation accorded the applicant must, of course, be consistent with security considerations, within the reasonable, non-arbitrary, exercise of discretion in the subjective judgments required under INA 214(b) and 221(g).

Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States

Individuals who are outside of the United States may be able to request parole into the United States based on humanitarian or significant public benefit reasons.

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Appropriations Committee Releases FY2018 DHS Bill, Includes $1.6 Billion For Border Wall

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Posted: 2:22 am ET
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On July 11, the House Appropriations Committee released its proposed fiscal year 2018 Department of Homeland Security (DHS) Appropriations bill, which will be considered by the subcommittee on July 12. The legislation directs $44.3 billion in discretionary funding for DHS, an increase of $1.9 billion above the fiscal year 2017 enacted level. The bill includes $1.6 billion for physical barrier construction along the U.S. southern border. It also includes $6.8 billion – the same as the President’s request – for disaster relief and emergency response activities through the Federal Emergency Management Agency (FEMA), according to the Committee’s statement.

The bill highlights include the following:

Customs and Border Protection (CBP)

The bill contains $13.8 billion in discretionary appropriations for CBP – an increase of $1.6 billion above the fiscal year 2017 enacted level. These resources ensure our borders are protected by putting boots on the ground, improving infrastructure and technology, and helping to stem the flow of illegal goods both into and out of the country. Within this total, the legislation includes:

  • $1.6 billion for physical barrier construction along the Southern border – including bollards and levee improvements – meeting the full White House request;
  • $100 million to hire 500 new Border Patrol agents;
  • $131 million for new border technology;
  • $106 million for new aircraft and sensors; and
  • $109 million for new, non-intrusive inspection equipment.

Immigration and Customs Enforcement (ICE) – The bill provides $7 billion for ICE –$619.7 million above the fiscal year 2017 enacted level. Within this total, the legislation includes:

  • $185.6 million to hire 1,000 additional law enforcement officers and 606 support staff;
  • $2 billion – an increase of $30 million above the requested level – for domestic and international investigations programs, including efforts to combat human trafficking, child exploitation, cybercrime, visa screening, and drug smuggling;
  • $4.4 billion for detention and removal programs, including:
  • 44,000 detention beds, an increase 4,676 beds over fiscal year 2017;
  • 129 Fugitive Operations teams; and
  • Criminal Alien Program operations, including the addition of 26 new communities to the 287(g) program, which partners with local law enforcement to process, arrest, and book illegal immigrants into state or local detention facilities.

Transportation Security Administration (TSA)

The bill includes $7.2 billion for TSA – a decrease of $159.8 million below the fiscal year 2017 enacted level. This includes full funding ($3.2 billion) for Transportation Security Officers, privatized screening operations, and passenger and baggage screening equipment, in order to speed processing and wait times for travelers and cargo. This also includes $151.8 million to hire, train, and deploy 1,047 canine teams to further expedite processing time.

Cybersecurity and Protection of Communications

To combat increasingly dangerous and numerous cyber-attacks, the bill includes a total of $1.8 billion for the National Protection and Programs Directorate to enhance critical infrastructure and prevent hacking.

Within this amount, $1.37 billion is provided to help secure civilian (.gov) networks, detect and prevent cyber-attacks and foreign espionage, and enhance and modernize emergency communications. Funds are also included to enhance emergency communications capabilities and to continue the modernization of the Biometric Identification System.

Citizenship and Immigration Services (CIS)

The legislation does not fund most CIS activities, as these are funded outside the appropriations process through the collection of fees However, the bill does contain $131 million for E-Verify, which is funded within CIS and helps companies ensure their employees may legally work in the United States.

SEC. 107 of the bill requires the following:

(a) Not later than 30 days after the date  of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives, a report for fiscal year 2017 on visa overstay data by country as required by section 1376 of title 8, United States Code: Provided, That the report on visa overstay data shall also include—

(1) overstays from all nonimmigrant visa categories under the immigration laws, delineated by each of the classes and sub-classes of such categories; and 

(2) numbers as well as rates of overstays for each class and sub-class of such nonimmigrant categories on a per country basis.

(b) The Secretary of Homeland Security shall publish on the Department’s website the metrics developed to measure the effectiveness of security between the ports of entry, including the methodology and data supporting the resulting measures. 

For the complete text of the FY 2018 Subcommittee Draft Homeland Security Appropriations bill, see: http://docs.house.gov/meetings/AP/AP15/20170712/106241/BILLS-115HR-SC-AP-FY2018-HSecurity-FY2018HomelandSecurityAppropriationsBill-SubcommitteeDraft.pdf

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New Report on Tillerson-Miller Battle Over Visa and Refugee Functions

Posted: 12:40 pm ET
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The Bureau of Consular Affairs via history.state.gov:

The Immigration and Nationality Act of 1952 (Jun 27, 1952; P.L. 82-414; 66 Stat. 174) established within the Department of State a Bureau of Security and Consular Affairs, headed by an Administrator with rank equal to that of an Assistant Secretary. From Mar 1 to Dec 30, 1954, the Bureau was renamed “Inspection, Security, and Consular Affairs.” From 1953 to 1962, the Secretary of State designated incumbents to this position. The Migration and Refugee Assistance Act of 1962 (Jun 28, 1962; P.L. 87-510; 76 Stat. 123) made the Administrator a Presidential appointee subject to the advice and consent of the Senate. In 1962, the Department transferred the security function to the Deputy Under Secretary for Administration, but the title remained unchanged until 1977, when the Foreign Relations Authorization Act for Fiscal Year 1978 (Aug 17, 1977; P.L. 95-105; 91 Stat. 847) changed the Administrator’s title to “Assistant Secretary of State for Consular Affairs.” This title has been given in full in all subsequent commissions to this office.

WaPo’s John Rogin reported on Sunday about the internal administration debate over which part of the government should be charged of deciding who gets into the United States.  WH policy adviser Stephen Miller has reportedly been pushing Secretary Tillerson to get “tougher” on immigration, vetting and refugee policy at the State Department.   Rogin writes that a White House official told him that if Tillerson doesn’t go along with the changes that Miller and others (???) in the White House are pushing the State Department to implement internally, the plan to strip Foggy Bottom of its role supervising these functions could gain traction.  Rogin’s report quotes State Department spokesperson Heather Nauert saying that Tillerson believes that two bureaus should remain where they are and the Secretary of State reportedly views consular and refugees work “as essential to the Department’s mission to secure our borders and protect the American people.” We linked to Rogin’s report below.

Stephen Miller is widely regarded as the principal author of Trump’s travel ban.  We have a feeling that the only “tougher” vetting that Miller and company will find acceptable is shutting down the U.S. border.

We know that some folks are already distressed with the news about the the potential transfer of consular function to DHS. It doesn’t help that Secretary Tilleron’s “listening tour” recommended it (see @StateDept Survey Report Recommends Moving Issuance of Visas, Passports, Travel Docs to DHS).  Neither is it helpful to discover that the nominee to be the next Assistant Secretary of Consular Affairs is on the record supporting this move (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs. And we haven’t forgotten that the nominee to be the next “M” is a seasoned GOP budget aide (see Trump to Nominate Top GOP Budget Aide Eric Ueland to be Under Secretary for Management #StateDept).

But take a deep breath.

Last March, OPM released a publication titled, Workforce Reshaping Operations Handbook (pdf). Under Transfer of Function, OPM writes:

An interagency transfer of a function and/or personnel requires specific statutory authorization. Without a specific statutory basis, there is no authority for an agency to permanently transfer a function and/or personnel to another agency on the basis of a memorandum of understanding, a directive from the Executive Office of the President, a reimbursable agreement, or other administrative procedure.

So Congress would have a say whether or not consular function should be stripped from State and moved to DHS. We anticipate that Congressional representatives — especially those with oversight responsibilities are already aware of the many improvements over the visa and refugee vetting process — would need a compelling justification for moving both functions to another agency.  Like how would DHS make it better, with Agatha and a pre-crime division?

Per historical record, on April 18, 1997 then President Clinton announced the reorganization of foreign affairs agencies. In December 1998, he submitted a report to Congress on the reorganization as required by the Foreign Affairs Reform and Restructuring Act of 1998, the Act that provided authority to reorganize the foreign affairs agencies. On March 28, 1999, the United States Arms Control and Disarmament Agency (ACDA) was integrated into the State Department. The United States Information Agency (USIA) was integrated into State on October 1, 1999.  The Broadcasting Board of Governors (BBG), part of USIA, became a separate federal entity. The Act also provided that USAID remained a separate agency but on April 1, 1999, the USAID Administrator reported to and came under the direct authority and foreign policy guidance of the Secretary of State.  Shrinking State’s budget started in 1993 during the first Clinton term under Warren Christopher. The reorganization did not get completed until halfway through Clinton’s second term.

We cannot say whether or not this is going to happen. After all, during the Clinton years, GOP Senator Jesse Helms was chairman of the Foreign Relations Committee. So we need to pay attention where this is going, but would not do any good to panic over something that appears to be a floated idea at this time. It would, of course, be helpful if we can hear directly from Secretary Tillerson.

@StateDept Survey Report Recommends Moving Issuance of Visas, Passports, Travel Docs to DHS

Posted: 3:01 am ET
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The State Department spent at least $1,086,250 for the “listening tour” that Secretary of State Rex Tillerson ordered in late April. On Wednesday, the report was made available internally to State and USAID employees. As of this writing, the State Department has not made the report publicly available. A State Department spokesperson told one media outlet that “Unfortunately, the results of the survey will not be available.”  

The 110-page report is copyrighted by Insigniam and marked “confidential and proprietary” (see more about that here: @StateDept Says It’s “Unfortunate” That It Withholds Employee Survey Results From Public 😢 Hu-Hu!).

The report which includes seven recommendations has a chapter on methodology, and a chapter on what employees want to tell Secretary Tillerson. There were 27,837 respondents from State, and 6,142 respondents from USAID. Some 17,600 overseas employees from the two agencies participated.

The largest category of respondents from State is Locally Employed Staff numbering at 6,735  (followed by 6,331 Generalists/FSOs, and 6,009 Civil Service employees). Mid-level rank employees across FS, CS and LE staff occupy the largest count of responders. The largest survey respondents in terms of tenure have served the State Department 6 to 10 years.

The highest number of respondents by regional bureau came from Bureau of European and Eurasian Affairs (EUR) at 3,131. The highest number of respondents by functional bureau came from the Bureau of Diplomatic Security (DS) with 2,524 respondents, followed by the Bureau of Consular Affairs (CA) with 2,142.

The “listening tour” report has multiple parts but we’d like to go straight to the recommendations it provides, which includes crafting a mission; alignment of purpose and mission; serving the frontline first; treasuring the talent; build a shared services model; duration of assignments and overlap transition time; and the removal of the uncertainty of cuts as soon as possible.

Of special note is Recommendation #5 which is “Build a Shared Services Model” which includes 1) security clearances, 2) human resources, 3) IT, 4) planning, budgeting, finance, procurement, and administrative functions, and  5), Move issuance of passports,visas,and other travel documents to Homeland Security.

Folks, ever heard of ICASS? There are already 13 agencies, in addition to State and USAID who are ICASS shared services participating agencies.  State doesn’t have to build a shared services model, it already has one; and that it can expand. Agencies pay their share of post administrative costs based on usage. “Department of State management personnel currently provide most ICASS services, the post ICASS Council can select other U.S. Government agencies or commercial firms to provide services if it can be demonstrated that they have a competitive advantage in improving services or cutting costs.”  As of August 1, 2016 update, participation in services offered through ICASS is voluntary for agencies except for Basic Package, Community Liaison Office Services, Health Services, and Security Services which are mandatory.

The International Cooperative Administrative Support Services (ICASS) system is the principal means that the U.S. Government provides and shares the cost of common administrative support needed to ensure effective operations at its more than 200 diplomatic and consular posts abroad.  In the spirit of the Government Performance and Results Act, the ICASS system seeks to provide quality services at the lowest cost, while attempting to ensure that each agency bears the cost of its presence abroad.  ICASS, through which over 300 Government entities receive bills for shared services, is a break-even system; the charge to the customer agencies equals the cost of services.

The ICASS program provides a full range of administrative services.  These include motor pool operations and vehicle maintenance, travel services, reproduction services, mail and messenger services, information systems management, reception and telephone system services, purchasing and contracting, human resources management, cashiering, vouchering, accounting, budget preparation, residential and nonresidential security guard services, and building operations.  In addition to the services delivered at the post level, the ICASS system also provides service at the regional level.  An example of regional service delivery is the regional finance centers.  ICASS also delivers services at the headquarters level.  Examples of headquarters level services are the shared expenses of the overseas medical program and the grant program managed by Office of Overseas Schools (A/OPR/OS).  The cost of regional and headquarters level programs are added to the cost of post administrative support and distributed to customer agencies as part of the headquarters-level bill.

The recommendation talks about “creating, at minimum a DOS/USAID and optimally, a federal shared services model that includes these functions:”

Item 1: “Security clearances: eliminate the need to apply for a new security clearance for each new federal agency someone is hired by.”

That sounds awkward. Anyway, right now every agency has its own security clearance process. For instance, if an EFM (diplomatic spouse) were hired by DEA at post, his/her security clearance would be done by the DEA. We understand that whichever agency is doing the hiring also does the security clearance. The smart folks who explained this to us said that having a clearance from one agency might speed up your ability to get a clearance from another agency, but the clearances are not reciprocal from one agency to another. For example, if a Secret Service agent is hired by Diplomatic Security, his/her security clearance from the Secret Service doesn’t transfer to the State Department.

So if you’re talking about “eliminating” the need to apply for a new clearance once hired into a new federal agency — well, that’s not at all within the control of the State Department or USAID. Every agency has its own rules.  You want to make those security clearance rules reciprocal across agencies, you want employees to be able to carry their security clearance across agencies, neither the State Department nor USAID have authorities to do that.

A law enforcement pal told us that the only way this recommendation would work is if ALL background investigations were done by a national agency and all executive agencies are required to accept the security clearance issued by that national agency.  There is the National Background Investigations Bureau (NBIB), housed at OPM (oh, dear), responsible for conducting background investigations for over 100 Federal agencies – reportedly approximately 95 percent of the total background investigations government-wide.  As of October 1, 2016, the NBIB was established as the primary service provider of government-wide background investigations for the Federal Government with the mission of “delivering efficient and effective background investigations to ensure the integrity and trustworthiness of the Federal workforce.” On paper, Executive Order 13764 of January 17, 2017 already provides for the reciprocity of background investigations and adjudications conducted by other authorized agencies. But we don’t know how NBIB works in real life.

So —  if you really want to make the process more efficient and effective, you want not just the portability of a security clearance across agencies, you also want the revalidation process for security clearance to move faster. For that to happen, you need people to process and approve the revalidation. You can’t do that if people are rotating out of positions, and/or if you can’t hire even temporary help because of a self-imposed hiring freeze. So …

Item 4: Other planning, budgeting, finance, procurement, and administrative functions: “…one of the initial areas of focus must also be a comprehensive audit of all reports. This will be followed by an aggressive initiative to streamline and consolidate the cacophony reports and the large amount of people-hours invested in writing them.”

Back in 2010, State/OIG determined that the Bureau of Legislative Affairs (State/H) tracked 310 congressionally mandated reports that needed to be submitted in FY 2010. The Bureau of Administration (State/A) on the other hand separately tracked 108 recurring reports required by the Department. If you want to streamline or consolidate those reports, the State Department could start with the A bureau, but would obviously require congressional approval for those 310 reports. The Bureau of Legislative Affairs (State/H) could certainly tackle that, except wait, we don’t have a Senate confirmed Assistant Secretary for Legislative Affairs, or a Principal Deputy Assistant Secretary. My gosh, that bureau is like a ghost town!

Finally item 5 under the report’s “Build Shared Services Model” may prove to be the most controversial:

Item 5: “Move issuance of passports, visas, and other travel documents to Homeland Security: we heard enough comments (combined with our own expertise in organization design and patterns to conclude) that there may be an opportunity to elevate efficiency and reduce cost by this change. Indications are that doing so would elevate security at our borders and remove a source of dissatisfaction and frustration.”

Folks, the entire report contains three references to visas …

#1 –  an acknowledgement of the men and women behind the scenes who helped the contractors obtained visas during the listening tour;

#2 – a comment from one of the respondents who said, “Focus the Department’s mission and rein in the mission creep. Too much goobly-gook has crept in. We should protect American citizens and businesses, vet visas, and encourage democratic rule of law and good governance. Full stop;”

#3 – Under Recommendation 5 “Move issuance of passports,visas,and other travel documents to Homeland Security.

The report does NOT/NOT  include any discussion or justification presented on how moving the issuance of passports, visas and other travel documents may elevate efficiency, and reduce cost, or how it would elevate security at our borders. The contractors heard “enough comments” but those comments do not appear to be in the report.

By the way, what’s the upside of cost reduction if you actually lose $2.45 billion of annual revenue in the process?

We should note that Consular Affairs (CA), the bureau responsible for the issuance of passports and visas has over 12,000 employees at 28 domestic passport facilities, 2 domestic visa centers, 8 headquarters offices, and more than 240 consular sections at embassies and consulates around the world.  In FY2012, the Bureau also generated approximately $3.14 billion in consular fee revenue, of which 78% ($2.45 billion) was retained by the State Department and shared among its regional and functional bureaus.

We will write a separate post about this recommendation because it deserves a longer post. It is also worth noting that the Trump Administration’s nominee to lead Consular Affairs is publicly on record in support of moving the visa function to DHS (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs).

 

Related posts:

 

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Three Fraudsters Sentenced For @StateDept Exchange Visitor Program Scheme

Posted: 1:46 am ET
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Via USDOJ: Three Sentenced for Orchestrating a Nationwide Exchange Visitor Program Fraud Scheme

Acting United States Attorney Steve Butler of the Southern District of Alabama, U.S. Department of State Inspector General Steve A. Linick, and Homeland Security Special Agent in Charge Raymond R. Parmer, Jr. of the New Orleans Field Office announce that lead defendant David Marzano of Zephyr Cove, Nevada, has been sentenced to 26 months in federal prison.  His prison sentence will be followed by 3 years of supervised release.  Marzano was also ordered to pay restitution in the amount of $815,570.00.  Marzano’s co-defendants, Laura Blair also of Zephyr Cove and Janece Burke of Deerfield, Illinois, were each sentenced to 5 years of probation.   The court order Blair to pay $815,570.00, and Burke to pay $271,856.67 in restitution.

In 2002, David Marzano pled guilty in the U.S. District Court of the Northern District of Georgia to a conspiracy involving the unlawful smuggling of aliens.  The conviction stemmed from a staffing agency Marzano operated in the Atlanta area that utilized an illegal alien workforce.   For that offense, he was sentenced to 15 months in prison, followed by 3 years of supervised release.

After getting out of prison, Marzano began using the aliases “Paul Cohen” and “David Cole,” and started a series of new staffing agencies and shell companies based in Chicago, Illinois.  At the time of his arrest Marzano was the CEO of Bullseye Jobs and the former Director of the predecessor company, Hospitality & Catering Management Services.  Marzano’s adult daughter Janece Burke, a.k.a., “Paula Delaney,” “Paula Lawton,” “Jane Moore,” and “Danielle Young,” was the President of Bullseye, and Marzano’s wife Laura Blair, a.k.a., “Jean Cox,” was the company’s Marketing Director.  Together, and with the assistance of others, these defendants engaged in a massive, nationwide fraud scheme designed to unlawfully profit from U.S. Department of State Exchange Visitor Programs.

As was set out in the Indictment, in 1961, Congress passed the Mutual Educational and Cultural Exchange Act of 1961.  The purpose of the Act was to increase mutual understanding between people in the United States and people from other countries by means of educational and cultural exchanges that assist the U.S. Department of State in furthering the foreign policy objectives of the United States.

These educational and cultural exchanges are administered by the U.S. Department of State’s Exchange Visitor Program and governed by specific regulations set out in 22 C.F.R. Part 62.  Annually, more than 275,000 foreign nationals from all over the world enter the United States through one of the Exchange Visitor Programs.  These programs include the Summer Work & Travel Program (“SWT Program”) and the Intern & Training Program (“I/T Program”).

Unlike the SWT Program, the I/T Program is limited to training, and is not an employment program.  As such, regulations specifically prohibit employers from using I/T Program participants as substitutes for ordinary employment or work purposes.  Furthermore, staffing agencies are expressly prohibited from being involved in the I/T Program.

Since the defendants were operating several staffing agencies, the only way to get organizations to sponsor I/T Program participants of the defendants’ companies was to fraudulently misrepresent the true nature of their businesses.   This was primarily done via e-mail between the defendants — who operated under numerous aliases— and sponsor organizations.  In addition, the defendants created various shell companies with names that closely resembled well-known corporations.  One such shell company was Crowne Partnership Group, which, despite representations made by the defendants, had no association with Crowne Plaza Hotels.

As a result of their fraud scheme, more than 200 foreign nationals came to the United States believing that they would be part of the Department of State’s I/T Program.  As the Court heard from victims who testified at the hearing or who submitted victim impact letters, the thousands of dollars necessary to enroll in the program and travel to the United States was a major hardship for many of the foreign victims.  They believed the investment was worth it as the training received through the I/T Program would allow them to return to their home country with much better prospects for being hired as an upper-level executive in foreign-based U.S. companies.  However, rather than receiving the high-level managerial training they expected, the victims were pawned off as cheap foreign labor to restaurants, hotels, and theme parks.  The victims were also required to live in housing arranged by the defendants’ companies.  The businesses where the victims worked paid Marzano directly, but the victims only received a small portion of the wages they earned.

On May 12, 2015, David Marzano and Laura Blair were arrested at Tampa International Airport.  Janece Burke was arrested that same morning in Deerfield, Illinois.  Contemporaneous with the arrests, multiple search warrants were executed in Florida and Nevada.

On June 22, 2015, Janece Burke pled guilty to conspiring with Marzano and Blair to commit wire and mail fraud.  Thereafter, Burke began cooperating with the United States.  Laura Blair pled guilty to the conspiracy charge on April 4, 2016.  That same day, David Marzano pled guilty to the conspiracy charge, as well as a charge for substantive wire fraud, and began cooperating with the United States as well.  The extensive cooperation by both Burke and Marzano has led to various administrative and criminal actions related to other fraud schemes within the I/T Program and other State Department initiatives.

Acting United States Attorney Steve Butler lauded the extensive partnership between the Department of State Office of Inspector General and the Mobile Office of Homeland Security Investigations in shutting down this major fraud scheme.  “The defendants falsely and fraudulently misrepresented the nature of their businesses, which caused real harm to over two hundred victims across the world,” said Acting U.S. Attorney Butler.  “These were vulnerable victims who believed they were coming to the United States to receive high-level training, but who were unfortunately subject to a cruel bait-and-switch.  My office will continue to aggressively prosecute those who seek to defraud vulnerable victims.”

Inspector General Steve A. Linick commended the work of those involved in investigating the case from the Office of Inspector General for the U.S. Department of State. “We are proud to have played a key role in investigating and bringing to justice those who exploit U.S. Department of State programs, such as these, for personal gain.”

Homeland Security Investigations Special Agent in Charge Ray Parmer stated, “Mail and wire fraud can have a devastating impact on victims.  In this case, people expected to come to this country legally and get training and experience.  However, the greed of these three individuals turned trusting people into cheap foreign labor.  HSI will continue to work with our partner law enforcement agencies to ensure we bring those guilty of committing these crimes to justice.”  The New Orleans Field Office, run by Special Agent in Charge Parmer, is responsible for criminal investigations in Alabama, Arkansas, Louisiana, Mississippi, and Tennessee.

This matter was jointly investigated by the U.S. Department of State – Office of Inspector General and HSI-Mobile.  The case was prosecuted by Assistant U.S. Attorney Christopher J. Bodnar of the U.S. Attorney’s Office for the Southern District of Alabama.

 

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White House Issues Clean-Up Memo For Trump Ban to Exempt Green Card Holders

Posted: 1:09  am ET
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On February 1, White Counsel Donald F. McGahn II released a memo intended to provide “Authoritative Guidance on Executive Order Entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017).”

Section 3(c) of the Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017) suspends for 90 days the entry into the United States of certain aliens from countries referred to in section 217(a)(12) of the Immigration and Nationality Act (INA), 8 U.S.C. 1187(a)(12). Section 3(e) of the order directs the Secretary of Homeland Security, in consultation with the Secretary of State, to submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of certain foreign nationals from countries that do not provide information needed to adjudicate visas, admissions, or other benefits under the INA.

I understand that there has been reasonable uncertainty about whether those provisions apply to lawful permanent residents of the United States. Accordingly, to remove any confusion, I now clarify that Sections 3(c) and 3(e) do not apply to such individuals. Please immediately convey this interpretive guidance to all individuals responsible for the administration and implementation of the Executive Order.

The EO clearly states  “I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants.”  So the EO drafters had to idea what are green card holders? Or they just want to tame the blowback right now.

Here is Section 3 (c):

(c)  To temporarily reduce investigative burdens on
relevant agencies during the review period described in
subsection (a) of this section, to ensure the proper review
and maximum utilization of available resources for the
screening of foreign nationals, and to ensure that adequate
standards are established to prevent infiltration by foreign
terrorists or criminals, pursuant to section 212(f) of the
INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant
and nonimmigrant entry into the United States of aliens from
countries referred to in section 217(a)(12) of the INA, 8
U.S.C. 1187(a)(12), would be detrimental to the interests of
the United States, and I hereby suspend entry into the United
States, as immigrants and nonimmigrants, of such persons for
90 days from the date of this order (excluding those foreign
nationals traveling on diplomatic visas, North Atlantic Treaty
Organization visas, C-2 visas for travel to the United
Nations, and G-1, G-2, G-3, and G-4 visas).

Here is Section 3 (e)

(e)  After the 60-day period described in subsection (d)
of this section expires, the Secretary of Homeland Security,
in consultation with the Secretary of State, shall submit to
the President a list of countries recommended for inclusion on
a Presidential proclamation that would prohibit the entry of
foreign nationals (excluding those foreign nationals traveling
on diplomatic visas, North Atlantic Treaty Organization visas,
C-2 visas for travel to the United Nations, and G-1, G-2, G-3,
and G-4 visas) from countries that do not provide the
information requested pursuant to subsection (d) of this
section until compliance occurs.

The full WH memo is here:

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Trump Travel Ban: Rudy Tells the “Whole Story”, Plus Reactions and Fall Out

Posted: 2:09 am ET
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On January 27, 2017, President Trump signed an executive order suspending the entry of refugees to the United States for FY2017 for 120 days. The E.O also proclaimed the entry of certain aliens as “detrimental to the interests of the United States” and declared the suspension of their entry into the United States for 90 days.  The aliens referred to are from countries cited under Section 217(a)(12) of the INA, 8 U.S.C.1187(a)(12) according to the executive order.  These are the same countries cited under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015: Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen.

We’ve seen folks on social media get confused about this. So let’s try this.  There are 38 countries designated as Visa Waiver Program (VWP) countries; citizens or nationals of these 38 countries are currently eligible to travel to the United States without a visa. However, if either of the following is true, travelers will no longer be eligible to travel to the U.S. without a visa. Instead, individuals in the following categories will have to apply for a visa using the regular appointment process at a U.S. Embassy or Consulate.

  • Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
  • Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

The Trump EO banning entry and issuance of immigrant and nonimmigrant visas for 90 days uses these same seven countries.  Note that citizens from these seven countries have not been banned from visa applications or entry to the United States previously. Citizens from 38 visa waiver countries who previously traveled to these seven Muslim-majority countries were not allowed to use the waiver and must submit for an interview with a consular officer at an embassy or consulate overseas.

Since it appears that DOD Secretary Mattis and DHS Secretary Kelly were out of the loop on this, would it be totally shocking if no input was asked from the State Department? No?  Interagency cooperation is just the White House now? On the day President Trump was preparing to sign this EO, our embassies and consular posts worldwide were still issuing visas;  all official, and valid but no longer acceptable at ports of entry as soon as the executive order took effect.

Here’s Rudddddddy with a backgrounder.

Reaction round-up below:

 

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Trump EO: Protecting the Nation From Foreign Terrorist Entry into the United States, 1.27.2017

Posted: 8:20 pm ET
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As of 8:06 pm ET, January 29, the Trump Executive Order that suspends the entry of refugees to the United States for 120 days and deny entry/issuance of visas to citizens of seven Muslim-majority countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen] for 90 still has to show up on the White House website. A copy is available from the LA Times here,  but we are reposting it below in full text for easy reference:

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release

January 27, 2017

EXECUTIVE ORDER

PROTECTING the Nation from Foreign Terrorist Entry into the United States

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:

Section 1 . Purpose . The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.

Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States.  The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.

In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.  The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law.  In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.

Sec . 2 . Policy . It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.

Sec . 3 . Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern

(a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.

(b)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order.  The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence.

(c)  To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).

(d)  Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.

(e)  After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.

(f)  At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.

(g)  Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.

(h)  The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order.

Sec . 4 . Implementing Uniform Screening Standards for All Immigration Programs

(a) The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant’s likelihood of becoming a positively contributing member of society and the applicant’s ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.

(b)  The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order.

Sec . 5 . Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017

(a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.

(b)  Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.  Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.

(c)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.

(d)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.

(e)  Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest — including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.

(f)  The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order.

(g)  It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees.  To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.

Sec . 6 . Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility

The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.

Sec . 7 . Expedited Completion of the Biometric Entry-Exit Tracking System

(a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.

(b)  The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section.  The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order.  Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.

Sec . 8 . Visa Interview Security

(a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.

(b)  To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.

Sec . 9 . Visa Validity Reciprocity

The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable.

Sec . 10 . Transparency and Data Collection

(a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:

(i)   information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to aterrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;

(ii)   information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and

(iii)  information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later;

and

 (iv)   any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.

 (b)  The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels.

Sec . 11 . General Provisions

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 

DONALD J. TRUMP

THE WHITE HOUSE,

January 27, 2017.

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Trump Bars US Entry of Refugees, and Citizens, Green Card Holders From Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen

Posted: 4:45 pm PT
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Yesterday, President Trump signed an executive order suspending the entry of refugees to the United States for FY2017 for 120 days. The E.O also proclaimed the entry of certain aliens as “detrimental to the interests of the United States” and declared the suspension of their entry into the United States for 90 days.  The aliens referred to are from countries cited under Section 217(a)(12) of the INA, 8 U.S.C.1187(a)(12) according to the executive order.  These are the same countries cited under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015: Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen.

A WH official reportedly told reporters that “green card holders in the US will have to meet with a consular officer before leaving the country.”  Anyone with basic familiarity on how the system works knows that U.S. consular officers are primarily posted overseas at U.S. embassies and consular posts.

CNN is reporting that the US “will not automatically allow green card holders who traveled to countries placed under a temporary travel ban back into the United States.”  The report also says that “Green card holders already overseas seeking to return to their homes in the US will be processed through a waiver authority that has already been established. One official said there is a case-by-case admissions process and another said it is being done “expeditiously.”  

We understand that there is no waiver specific to “green card” holders. DHS notes that there is a waiver for the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 and that “the Secretary of Homeland Security may waive these new travel-related VWP restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States.” But this waiver is specific to nonimmigrant visas and does not appear to include “green card” holders.

Trump in his White House bubble says new travel restrictions “working out very nicely.”  He forgot to add that there are huge chaos both at airports and within the agencies tasked to implement his order.

Meanwhile, the ACLU issued an alert: “Lawyers are stationed at airports across U.S. If you know someone entering country, tell them not to sign anything before talking to lawyer.”

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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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