@StateDept to Offer Buyouts to First 641 Employees Who Agree to Leave by April 2018 #$25M

Posted: 12:15 am ET
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In case you have not seen this yet, the NYT reported on November 10 that the State Department will soon offer a $25,000 buyout to diplomats and staff members who quit or take early retirements by April. We think the payout number is $40K, see our comment below:

The decision is part of Secretary of State Rex W. Tillerson’s continuing effort to cut the ranks of diplomats and Civil Service officers despite bipartisan resistance in Congress. Mr. Tillerson’s goal is to reduce a department of nearly 25,000 full-time American employees by 8 percent, which amounts to 1,982 people.

To reach that number, he has already frozen hiring, reduced promotions, asked some senior employees to perform clerical duties that are normally relegated to lower-level staff members, refused to fill many ambassadorships and senior leadership jobs, and fired top diplomats from coveted posts while offering low-level assignments in their place. Those efforts have crippled morale worl

Still, State Department accountants have told Mr. Tillerson that only about 1,341 people are expected to retire or quit by the end of September 2018, the date by which Mr. Tillerson has promised to complete the first round of cuts.

Indeed, rumors of a buyout have reduced the number of departures expected this year. So $25,000 will be given to the first 641 employees who agree to leave by April, a representative from the State Department confirmed on Friday.
[…]
Asked about the many vacancies at the State Department, Mr. Trump said in an interview with Laura Ingraham of Fox News: “You know, don’t forget, I’m a businessperson and I tell my people, ‘When you don’t need to fill slots, don’t fill them.’ But we have some people that I’m not happy with there.”

Pressed about critical positions like the assistant secretary of state, Mr. Trump responded in a statement that has since reverberated around the State Department. “The one that matters is me,” he said. “I’m the only one that matters because, when it comes to it, that’s what the policy is going to be.”

See the link to the full article below.

As far as we know, this POTUS has never been anywhere near Foggy Bottom since his election. Based on the archive of his tweets, he also tweeted only nine times about the State Department between 2014-2016. So when he said in that Ingraham interview that But we have some people that I’m not happy with there” — we have to wonder who are the “some people” he was referring to, and why was he “not happy.”

Given his lack of direct interactions with the employees of the State Department, we can only point to one incident that happened very early in his administration that may account for this “unhappiness.”  Back in February, we blogged about our concern related to the leaked dissent memo over Trump’s travel ban (see Dissent Channel: Draft Memo Over #MuslimBan Leaks – Now What?).  We wrote then that the leak will probably cause the greatest crisis of confidence between the new President and the Foreign Service since 1971 (see Dissent Channel Leak: Who Gains the Most From Flogging the Laundry Like This?).  In that 1971 case, President Nixon apparently instructed Secretary Rogers to fire all 50 FSOs who signed a letter protesting an anticipated invasion of Cambodia. We are not aware of similar known instruction from this president but watching the news coming out of Foggy Bottom this past several months, one cannot help but wonder what function that leaked dissent memo had in the decision not to staff the agency at its upper ranks, and the reorganization that the new secretary of state has now embarked on (FOIA ninjas, here’s a case for you!).

Trump’s 2018 Budget requested $25.6 billion in base funding for the Department of State and USAID, a $10.1 billion or 28 percent reduction from the 2017 annualized CR level. The Budget also requested $12.0 billion as Overseas Contingency Operations funding for extraordinary costs, primarily in war areas like Syria, Iraq, and Afghanistan, for an agency total of $37.6 billion. Note that the FY18 request under “Voluntary Separation Incentive Payments” include “Section 3523 of Title 5, U.S. Code shall be applied with respect to funds made available by this Act by substituting “$40,000” for “$25,000″ in subsection (b)(3)(B) of such section.”  (Read 5 U.S. Code 3523).

In September this year, the Senate Appropriations Committee approved “a $51.35 billion appropriations bill to strengthen federal programs and operations that support national security and American values abroad.”  The minority announcement notes that the allocation is $10.7 billion above the President’s request as scored by CBO, but it is $1.9 billion below the fiscal year 2017 enacted level. We expect this will pass due to bipartisan support.  Despite the reduced request by the Trump Administration, Congress reaffirmed its primary role in appropriating funds and gave the State Department more money than was requested.

And yet, the State Department is going forward with shrinking its American workforce by 8 percent. NYT put the reduction in number at 1,982 employees. The NYT report also says the first 641 employees who agree to leave by April will get $25K. The budget request actually increases the buyout amount to $40K. If our math is right, that means a total payout of about $25.6 million.

See: @StateDept/USAID Staffing Cut and Attrition: A Look at Real Numbers and Projected Attrition, our calculations at 600 missed by 41 employees for the buyout.

We remember reading, in the aftermath of the dissent memo leak that the Democratic Members of the House Committee on Foreign Affairs reminded the Trump Administration that State Department personnel who dissent from policy are protected by law and sought assurances that State Department personnel would not be subject to harassment or retribution for offering dissenting viewpoints.

But who’s going to protect an entire agency in what now looks glaringly like collective punishment?

A career ambassador who left the Service the last couple of years told us recently, “Until now, I’ve kept an open mind and a stiff upper lip. But now I’m ready to conclude that they really are working incrementally [to] fuck the traditional Foreign Service.”

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SecState Who Was Called a Dog, Reportedly Called POTUS an “F-ing Moron” #RealLife

Posted: 4:10 am ET
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Less than 48 hours after Secretary Tillerson was called Donald Trump’s dog (see WaPo’s Dana Milbank Goes Scooby-Doo Slap-A-Lympics on Tillerson – Holy Bow Wow!), NBC News was out with a scoop where Secretary Tillerson was reported to have called POTUS a  “moron” this past summer (see Tillerson’s Fury at Trump Required an Intervention From Pence). So then Mr. Tillerson, fourth in line to the throne, excuse me, the presidency, came out to speak to his long lost friends in the media in Foggy Bottom.

He starts with expressing his commitment to the success of President Trump:

There were some news reports this morning that I want to address. First, my commitment to the success of our President and our country is as strong as it was the day I accepted his offer to serve as Secretary of State. President Trump’s “America first” agenda has given voice to millions who felt completely abandoned by the political status quo and who felt their interests came second to those of other countries. President Trump’s foreign policy goals break the mold of what people traditionally think is achievable on behalf of our country.

He spent a paragraph of his remarks addressing the “erroneous” reporting involving the VP though he did not talk about that Nikki Haley part of the report helpfully provided on the record by his comm advisor:

To address a few specifics that have been erroneously reported this morning, the Vice President has never had to persuade me to remain the Secretary of State because I have never considered leaving this post. I value the friendship and the counsel of the Vice President and I admire his leadership within President Trump’s administration to address the many important agendas of President Trump, both from a foreign policy perspective and a diplomatic – I’m sorry, a domestic objective.

This presser is clearly intended for an audience of one. His  speechwriters get points for calling POTUS “smart” and remembering to include the “America First” slogan:

Let me tell you what I’ve learned about this President, whom I did not know before taking this office. He loves his country. He puts Americans and America first. He’s smart. He demands results wherever he goes, and he holds those around him accountable for whether they’ve done the job he’s asked them to do. Accountability is one of the bedrock values the President and I share.

Oops … and this!

While I’m new to Washington, I have learned that there are some who try to sow dissension to advance their own agenda by tearing others apart in an effort to undermine President Trump’s own agenda. I do not and I will not operate that way, and the same applies to everyone on my team here at the State Department.

His full statement is here.

Congrats to Tillerson’s speechwriters. It worked!

Click here for the State Department spox Heather Nauert who officially denied from the podium that the Secretary of State called the President of the United States a “moron.”  For the record, the reporter  said “My source didn’t just say he called him a moron. He said he called him an f-ing moron.” 

We’d like to know what kind of talking points Public Affairs is sending out to the field so our diplomats overseas can respond to their host countries’ inquiries, and whether they’re allowed to wear brown paper bags over their heads.

One reporter asked during the Daily Press Briefing, “Tillerson’s own spokesperson came out and walked back information that he had given to that story that apparently wasn’t accurate. And he said that he spoke out of line about conversations that he was not privy to. So that seems to me that he contributed inaccurate information to that story. On another occasion he denied conversations had happened between the State Department and the White House that multiple sources told us did happen, including a White House source. So how can we believe what the State Department says did or did not happen when Tillerson’s own spokesperson seems to be putting information out there that is not necessarily accurate?”

The spox’s response: “Honesty, being forthright, integrity is something that the Secretary has spoken to often. That is a value that he holds very close and very dear.[…] My colleague issued some tweets in response to that. I think I certainly share his sentiment in that he regrets those. His statement say that he spoke out of line about conversations he wasn’t privy to.”

The reporter pursued the question: “But if he’s giving information to a reporter that is categorically false on what seems to be now two occasions, how does the Secretary feel about his own spokesperson?”

The spox’s response:  “I have not asked the Secretary that question.”

Um … “why not?”

AND NOW THIS —

We all know that this is not going to be the end of this exhausting drama. We’re just gonna stock on this shirt in our bunker so we’ll have a permanently screaming owl on our chest 24/7 from hereon (via Amazon Affiliate).

 

#TrumpChicken Thanks Putin For Kicking Out U.S.Mission Russia Staffers

Posted: 4:19 pm PT
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On August 10, 2017, Donald J. Trump, the 45th President of the United States announced for all the world to hear that he wanted to thank Russian leader Vladimir Putin for slashing the United States own diplomatic staff at U.S. Mission Russia.  He was under the impression that this would result in a smaller payroll.  If he were a little bit more curious about our diplomatic missions, he would know that our career diplomats and their families would be reassigned to other posts. And he would realize that when our diplomats are kicked out from a certain country, it would impact the United States ability to analyze, report, negotiate, and improve bilateral relation with that country.

If he were a little bit more informed, he would know that the reduction in staff — beyond the upheavals it would bring to the lives of mission staffers and their families — would hinder the embassy’s ability to investigate allegations of mistreatment of or discrimination against U.S. investors in Russia. If the U.S. does not have sufficient staff, it would jeopardize cooperation with Russia in addressing pressing global challenges where U.S. core national security interests align:

  • nonproliferation
  • nuclear and other weapons of mass destruction (WMD) security
  • preventing atrocities and humanitarian crises
  • combatting violent extremism and terrorism

But Mr. Trump is not curious, and he is ill informed, and he has not shown signs that he will improve with age. Unfortunately, this also shows us as clear as day that he sees no usefulness for diplomacy nor appreciation for the people who labors in it.

Frankly, the only way we are actually able to process this latest edition in bonkers news is if we imagine that Trump Chicken delivered this message and the real President of the United States is somehow working, not golfing, with the dedicated personnel at Area 51.

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Are #EFM positions literally about to become…extinct under #Tillerson’s watch?

Posted: 3:20 am ET
Updated: April 22, 2:13 pm ET
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On April 12, 2017, the State Department posted a statement indicating that the current hiring freeze guidance remains in effect particularly as it affects the hiring of Foreign Service family members.

At this time, the Department’s current hiring freeze guidance remains in effect, including with respect to hiring under a Family Member Appointment (FMA) or Temporary Appointment. The Family Liaison Office will continue to distribute any updates on the hiring freeze as soon as it receives them. FLO shares family member concerns regarding the current situation and communicates to Department of State management the many helpful suggestions and insights that it receives from the field. In the meantime, please be assured that FLO continues to actively represent the interests and concerns of family members.

The current guidance says that “hiring activities may resume for positions that are or most recently have been filled by employees on Personal Services Agreements (PSAs).”  This authority to hire apparently does NOT extend to any locally employed staff, Family Member or Temporary Appointments as those are still subject to the hiring freeze. “Positions that are or become vacant that have been most recently filled using a mechanism other than a PSA may not be filled at this time.”  Also that “Circumventing the hiring freeze by using a PSA to employ family members who would normally be hired on an FMA is not permitted.” 

Available now, contract jobs with no USG service credit!

PSAs are typically designed for a non-U.S. citizen spouse on the travel orders of a Foreign Service, Civil Service employee, or uniformed service member assigned to a U.S. embassy or consulate abroad. This is also the hiring mechanism for Members of Household (MOH) overseas who are not on the employee’s travel orders.

Most notable, PSAs are subject to government contracting authorities and do not/do not confer retirement benefits or USG service credit.

Eligible Family Members (EFMs) may apply for jobs, but no job offers 

“Eligible family members may continue to apply for any advertised position for which they feel they are qualified and the hiring preference will be applied during the process. However, Appointment Eligible Family Members (AEFM) cannot be offered a position at this time due to the freeze on use of FMA and temporary appointments. Any position where an AEFM would have been selected absent the hiring freeze must be referred to the Office of Overseas Employment (HR/OE) in Washington at  HR-OE-Freeze@state.gov.”

With the summer transfer season just months away, this means that FS family members who currently have jobs, will be jobless once more when they transfer to their new posts. And because there is a hiring freeze, they will be able to apply for jobs at their next posts, but they won’t be hired into new jobs even if they have current security clearances and even if their new posts need them. Think of mailroom jobs, security escorts, facility escorts, admin assistants, community liaison officers to name a few.

EFMs who work in Civil Service positions (via)

Due to the federal civilian hiring freeze, EFMs who are working in Civil Service (CS) positions and who are planning to accompany their sponsoring employee abroad may not join the Foreign Service Family Reserve Corps (FSFRC) at this time. The processing of a CS employee into the FSFRC requires the issuance of a new Family Member Appointment (FMA). Unless an exemption has been granted, all direct hire appointments (including Family Member Appointments) are currently subject to the federal civilian hiring freeze.

EFMs may request Leave Without Pay (LWOP) status, but Uncle Sam may still say “nooooooo!”  (via)

EFMs who are currently working in Civil Service positions, who are preparing to join their sponsoring employee abroad may want to request consideration of being placed into Leave without Pay (LWOP) status when they finish working in their CS position. LWOP is a temporary non-pay status and approved absence from duty that may be granted at the discretion of the Bureau’s Executive Director. (Please note that a Bureau’s Executive Director may not be able to approve LWOP requests based on a variety of factors.)

Holymoly macaroni! They won’t even let you stay on the rolls even on non-pay status?  The notice did not include the “variety of factors” what would cause the disapproval of a LWOP request.  We should note that 3 FAM3500 is clear that the authorization of LWOP is a matter of “administrative discretion.” Which means that an employee cannot demand leave without pay as a matter of right except as provided by 3 FAM 35303 FAM 35123 FAH-1 H-3513, and 3 FAH-1 H-3514.  Which makes us wonder — if a family member is a Civil Service employee accompanying his/her FS spouse overseas but is not allowed to join the FSFRC and could not be granted LWOP status, what option is there for the employee short of going AWOL or quitting his/her job?

What happens to the Foreign Service Family Reserve Corps (FSFRC)?

Remember in mid-2016 when the State Department launched the Foreign Service Family Reserve Corps (FSFRC) “to more quickly mobilize family members to fill available positions in missions overseas?”  At that time, the State Department notes that the FSFRC will become the exclusive hiring program for Appointment Eligible Family Members (AEFM) into Family Member Appointments (FMA). Its FAQ says that “After open enrollment commences, which we estimate to be 18 to 24 months from now, the Department will announce the initiation of a new hiring preference.” The Department estimated that in excess of 5,000 family members are eligible to apply to join the Reserve Corps (see @StateDept Launches Foreign Service Family Reserve Corps (FSFRC)).

Last year, the State Department said that “at full implementation (by 2018), the FSFRC will improve efficiency in the hiring process for Appointment Eligible Family Members (AEFMs).”

But what happens if/when there are no jobs?

Foreign Service Family Member Employment

Jobs for diplomatic spouses are supposed to enhance quality of life overseas, and is an important part of the agency’s effort to recruit and retain Foreign Service employees who, like the rest of America, have come increasingly from two-profession households.

The creation of the Foreign Service Family Reserve Corps (FSFRC) is part of that effort, as well as various programs and initiatives through the years like EPAP, GEI, SNAP, Professional Associates program, etc. In 2003, there was even a proposed three-year pilot program to establish a Family Member Cost Equalization Fund, which the Office of Overseas Employment was to manage. With funds in place, posts would have been able to make specific requests to fund the salary gap when a qualified EFM was selected to fill a job previously filled by a locally employed staff (LES). The 2006 OIG report says that “Despite the apparent support for the concept, in the course of three successive years the Department has not funded the initiative.” It further states that if no funding is available, that “Department management may need to acknowledge that it cannot give a high enough priority to this particular program.”  The OIG noted then that “Maintaining rhetoric on the program in communications with posts overseas and in briefings of incoming officer classes creates expectations that, when not met, negatively affect morale and retention of entry-level officers.”

11 years on, and the 50% target remains beyond reach

One of the agency’s performance goals in FY 2005 was a 50%  increase in the percentage of family members employed overseas.  The State Department previously noted that the 50% “was not intended to be a one-year goal but rather a multi-year goal.” The target was developed with the expectation that “the Department would steadily work towards the 50 percent spousal employment rate.” Its justification was that this contributes to increased retention rates of Foreign Service and Civil Service employees.

According to state.gov, statistics from an earlier survey from the Family Liaison Office indicate that even though 83 percent of Foreign Service family members have college degrees (29 percent have advanced degrees), the majority of positions they fill while serving abroad are clerical in nature.  These jobs typically pay in the low to mid-$30Ks.

As of November 2016, there are 11,841 total adult family members serving overseas with their FS employees. About 3,500 or 30% works inside an embassy or consulate, about 1,650 or 14% works outside the U.S. mission, while more than half — 6,688 or 56% are not working.

So 11 years on, and that 50% target is still beyond reach. And it looks like things are about to get harder not better.

Rumor #1: EFM Hiring Freeze Till 2018?

Internal State Department circles are ripe with rumors about the future of eligible family member (EFM) positions. There are talks that the EFM hiring freeze may last until 2018. Or beyond. No one is sure. No one is authorized to discuss it. You will find nothing about it anywhere online. Not on a FLO website or anywhere else, for that matter.

The State Department is clear that EFM positions are affected by the Federal hiring freeze.  However, if this becomes a permanent directive, it will have sobering repercussions not only in the operation of over 280 posts overseas, but also in the retention of FS employees.  Note that the last time the State Department had a hiring freeze and the agency was hiring at 50% below attrition, diplomatic spouses ended up getting hired because the Department could not hire direct-hire USG employees. We still don’t know what will happen to the September FS classes, but IF it turns out that State will not be able to hire FSOs and specialists even at attrition, and also won’t be able to hire EFMs, then embassies and consulates overseas will be in a real pickle (also see  @StateDept Gets Exemption From Trump Federal Hiring Freeze, March Classes Are On).

Rumor #2: Locally Employed Staff for EFM Positions?

One of the few times when the State Department was forced to hire family members and US contractors for local jobs was in Moscow back in the 1980’s when 260 Soviet employees were withdrawn from the embassy.

Now, rumors are circulating that locally employed (LE) staff could replace EFM positions at our overseas posts.  While this might be cheaper in some countries, it will be more expensive in others.  For example, at the US Embassy in Japan,  the public affairs section allocated 68 percent of its FY 2014 budget of $8.5 million to LE staff salaries.  And in Germany, LE procurement agent salaries in Frankfurt are among the highest in the world at $74,700.  So hey, you can probably hire two EFMs for the price of one LE staffer in Frankfurt, unless you want to hire local staff in Asia or in Africa. But then, of course, since you want to save money on housing and travel of local nationals working at U.S. embassies, you need to teleport them to the various posts that requires their services. Good luck with that teleportation scheme with Captain Kirk.

So right now, apparently, many are wondering – if Locally Employed Staff members replace EFMs, will this replacement be permanent? Are EFM positions literally about to become…extinct under Secretary Tillerson’s watch?

“Hire American” except at US Embassies?

Somebody should really ask the new State Department management how this would work with Trump’s new “Hire American” policy.

The Foreign Service Act of 1980 (FSA) ties LE staff salaries to prevailing wages and compensation practices for corresponding types of positions in the host country. The OIG review of local compensation back in 2009 notes that the FSA does not require that wage adjustments be associated with inflation and cost of living changes, and the Department does not link LE staff compensation adjustments to variations in inflation or cost of living. This has its own problems and issues due to persistent underfunding. The 2015 OIG report on US Mission Japan indicates that the LE staff there received their last pay increase in 1995. Yup. 1995. (see State Dept on Embassy Workers Unionization: Yo! Could Put U.S. National Security at Risk).

Local compensation plans are, of course, not created equal.  Some plans like the one in Germany authorizes a year of maternity leave and 6 weeks of annual leave a year. Separation costs in Western Europe are also very high, often exceeding 2.5 years of salary for long-term employees. But we also need to add that a 2009 OIG report cited at least 27 U.S. missions which presented “compelling arguments that their lower grade employees fall short of minimal living standards.” (Don’t look now but about 200 local guards working for a security contractor at the U.S. Embassy in Nairobi, Kenya have staged a demonstration over low wages.  The local guards protecting an embassy that had been bombed previously are reportedly paid “peanuts” according to one guard rep).

Oh, leadership in action! 

We’ve asked the State Department for comments on these reports a week ago.  Following the April Fools’ Day take down sent to this blog, it looks like the um … our friends at the Bureau of Public Affairs no longer acknowledge inquiries from this blog, or bother to actually answer their emails.  Milk cartoons, anyone?

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That #SwedenIncident 😧–America First, Sweden Second–Listen, But Don’t ‘Bomb Ikea’

Posted: 2:19 am  ET
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Trump EO Results in Provisional Revocations of Valid Visas, Chaos For Dual Nationals

Posted: 1:38 am ET
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On January 27, 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.

Urgent Notice

The State Department issued an urgent notice on January 27:

Per the Executive Order on Protecting the Nation from Terrorist Attacks by Foreign Nationals signed on January 27, 2017, visa issuance to nationals of the countries of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen has been suspended effective immediately until further notification. If you are a citizen of one of these countries, please do not schedule a visa appointment or pay any visa fees at this time. If you already have an appointment scheduled, please DO NOT ATTEND. You will not be permitted entry to the Embassy/Consulate. We will announce any other changes affecting travelers to the United States as soon as that information is available.

Provisional Revocations

It appears that not only has the U.S. Government suspended the entry and processing of visas for this seven Muslim-majority countries, it also made the State Department “provisionally revoked” (with exceptions) the valid visas issued to citizens from these seven countries. If the travel ban is lifted after 90 days, the rules allow for the reinstatement of visas, presumably with whatever “extreme vetting” the government will have in place by then.

Provisional revocation via the Federal Register:

In cases where the person subject to a provisional revocation is found to be eligible for the visa, the visa will be reinstated with no need for reapplication. However, with the exception of provisional revocations, an applicant whose visa has been revoked must apply for another visa, at which time his or her eligibility for the visa will be adjudicated.

Questions for the State Department

We asked the State Department how the EO affects dual-nationals, green card holders and travelers from these seven countries.  We also asked previously if travelers issued visas on the day the EO was issued now expect that those visas no longer have validity. We wanted to know if consular posts are canceling all visa appointments/refunding all visa application fees from applicants in the affected countries. We requested an estimate of how many applicants were in the pipeline when the ban took effect.

We get to ask our questions but we don’t always get the response we need. For travelers who are nationals/dual-nationals of the seven countries, a State Department official speaking on background offered the following:

Beginning January 27, 2017, travelers who have nationality or dual nationality of one of these countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen] will not be permitted for 90 days to enter the United States or be issued an immigrant or nonimmigrant visa.

Those nationals or dual nationals holding valid immigrant or nonimmigrant visas will not be permitted to enter the United States during this period. Visa interviews will generally not be scheduled for nationals of these countries during this period.

So the suspension affects not only the entry to the U.S. but also the issuance of immigrant (green card) and nonimmigrant (temporary) visas. An SBU cable reportedly went out to all posts last Saturday explaining the executive order.  The State Department official says, “As we would for any operational change, we communicated instructions to our consulates in affected countries and around the world.”

The State Department official cites an exception to the ban on a “case-by-case” basis and when “in the national interest.”

The Department of Homeland Security and Department of State may, on a case-by-case basis, and when in the national interest, issue visas or allow entry to nationals of countries for which visas and entry are otherwise blocked under this Executive Order.

Asked specifically about dual-nationals, the State Department official only notes about dual-national Americans:

This Executive Order should not affect dual-nationality Americans at all. U.S. citizens (although they might also have another nationality) are required to use their U.S. passport when entering and departing the United States. They do not receive visas or enter the U.S. as a foreign national, so this Executive Order does not apply to them.

The EO clearly does not apply to American citizens but it appears to be a different story in our airport terminals:

We also asked the State Department about third country dual nationals with the seven countries, for instance Canadian-Iranians or British-Iraqi citizens.  The State Department directed us to check with Homeland Security. As of this writing, we have not heard a response. Meanwhile, the chaos continue.

Israeli Dual Nationals With Seven Restricted Countries

The US Embassy in Tel Aviv posted the following message which contradicts the information we received from the State Department on dual nationals:

Travelers with an existing valid visa in their Israeli passport may travel to the United States, even if they are also a national of or born in one of the seven restricted countries (Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen). Embassy Tel Aviv will continue to process visa applications and issue visas to eligible visa applicants who apply with an Israeli passport, even if born in, or a dual national of, one of the seven restricted countries. Final authorization to enter the United States is always determined at the port of entry.

 

UK Dual Nationals With Seven Restricted Countries

The US Embassy in London said that “Dual nationals of the United Kingdom and one of these countries are exempt from the Executive Order when travelling on a valid United Kingdom passport and U.S. visa.” But the UKFCO has additional guidelines that seems to indicate point of origin as a factor, too, which adds to more confusion:

  • the Presidential executive order only applies to individuals travelling from one of the 7 named countries
  • if you are travelling to the US from anywhere other than one of those countries (for instance, the UK) the executive order does not apply to you and you will experience no extra checks regardless of your nationality or your place of birth
  • if you are a UK national who happens to be travelling from one of those countries to the US, then the order does not apply to you – even if you were born in one of those countries
  • if you are a dual citizen of one of those countries travelling to the US from OUTSIDE those countries then the order does not apply to you
  • The only dual nationals who might have extra checks are those coming from one of the 7 countries themselves – for example a UK-Libya dual national coming from Libya to the US.

Canadian Dual Nationals With Seven Restricted Countries

Media reports citing DHS and the State Department says that dual nationals with the seven countries will be refused entry. This is the same thing we were told.   Meanwhile, the Canadian Ambassador to the US said exactly the opposite. Canadian PM Justin Trudeau on Twitter also release a statement citing confirmation from NSA Mike Flynn that Canadian citizens including dual citizens will not be affected by the ban.

Welcome to big time confusion and chaos!

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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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#TrumpInauguration: Protests and Reactions From Around the World

Posted: 2:34 pm PT
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House Democrats Call on @StateDept to Resist Potential Political Witch-Hunts

Posted: 1:12 am ET
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In October 2016, then candidate Donald Trump retweeted an editorial by the NYPost about what it calls the “State Department’s shadow government.” Trump’s Twitter archive also includes a few tweets about the “State Department” here, “embassy” here, and the term “ambassador” here. Given the tenor of his typical tweets, these tweets are normal in their abnormality, that is, they’re not unique in themselves.

Last week, there were reports that the Trump Transition asked the Department of Energy for a list of agency employees or contractors who attended meetings or conferences on climate change. The 74-point questionnaire (PDF) includes questions like “Can you provide a list of all Department of Energy employees or contractors who have attended any lnteragency Working Group on the Social Cost of Carbon meetings? Can you provide a list of when those meetings were and any materials distributed at those meetings, EPSA emails associated with those meetings, or materials created by Department employees or contractors in anticipation of or as a result of those meetings?”

The Department of Energy had since responded saying,  “We will be forthcoming with all publically-available information with the transition team. We will not be providing any individual names to the transition team.”

The report was concerning given the department history with the red scare and the lavender scare; we wondered where else the Transition Teams were seeking names. On December 14, CNN reported that Donald Trump’s transition team disavowed the questionnaire sent to the Energy Department requesting the names of employees working on climate change issues. “The questionnaire was not authorized or part of our standard protocol. The person who sent it has been properly counseled,” a Trump transition official told CNN.

We are not aware that a similar request was sent to the State Department. However, the Democratic members of the House Foreign Affairs Committee (HFAC) have already called on Secretary Kerry “to resist any attempt by the incoming Administration to single out individual employees who have worked in support of Obama Administration priorities.”  In their letter, 18 Committee members urged Secretary Kerry to follow suit with their Energy Department counterparts and refuse any such request.

In a letter to Secretary Kerry, the Members wrote, “We believe your Department should work to ensure a smooth transition of power.  However, individual civil servants, Foreign Service Officers, and other staff should not be singled out for their work in support of policy objectives that clash with the next Administration’s goals, leaving them vulnerable to retribution by the incoming Administration. In our view, gathering names in this manner bears striking resemblance to dark chapters in our history marked by enemies lists and political witch hunts.”

The letter also informed the State Department that the HFAC website will soon have a link that State Department and USAID personnel can use securely to report unethical or illegal practices.  The new tool is provided reportedly to help ensure that “employees feel safe when reporting evidence of waste, fraud, and abuse of authority, including discrimination and other civil rights violations.”

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Trump to Nominate Iowa Gov Terry Branstad as U.S. Ambassador to China

Posted: 2:19 am ET
Updated: Dec 8, 3:37 pm PT
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President-elect Trump has yet to make a decision on who will be his secretary of state. That search has expanded and the news media reports that this is now a 10-man race for the 69th Secretary of State. While the search is ongoing, Mr. Trump has apparently already offered the ambassadorship to China to Terry Branstad, and the Iowa governor has accepted.

On December 7, Governor Branstad released a statement saying, “I am honored and humbled to be nominated to serve as the U.S. Ambassador to China.”  His statement also said: “The United States – Chinese bilateral relationship is at a critical point.  Ensuring the countries with the two largest economies and two largest militaries in the world maintain a collaborative and cooperative relationship is needed more now than ever. The President-elect understands my unique relationship to China and has asked me to serve in a way I had not previously considered.”

Governor Branstad has served as Iowa Governor from 1983-1999 and 2011 to the present.  His relationship with China goes back to 1983 when he signed a formal agreement establishing the sister-state relationship between Hebei province and Iowa. In 1985, Xi Jinping, then a county-level party leader from Hebei, visited Iowa for the very first time and met with Governor Branstad at the state capitol. In 2012, when Vice President Xi visited Des Moines and Muscatine, Governor Branstad sent a personal thank-you to Xi and invited him to an “old friends” reunion dinner. The Chinese Foreign Ministry spokesman also called Governor Branstad an “old friend of the Chinese people.” Senator Chuck Grassley tweeted that “Gov Branstad has longstanding relationship w Pres of China so his nomination is good 4 our national interest.”

If confirmed by the Senate after January 20, Governor Branstad will be President Trump’s personal representative to the People’s Republic of China. He will not actually report to the White House but to the still unnamed secretary of state at the State Department, through the East Asia Pacific Bureau.

Some of Governor Branstad’s predecessors at the US Embassy in Beijing include Senator Max Sieben Baucus (1941–) who was appointed by President Obama on March 20, 2014; former WA Governor Gary Locke (1950–) who served from 2011–2014; former Bush ambassador to Singapore Jon M. Huntsman Jr. (1960–) who President Obama appointed to Beijing from 2009–2011; and former President George Herbert Walker Bush (1924–) who served as Chief of the U.S. Liaison Office in Peking (Beijing) from 1974 to 1975.

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