US Embassy Ethiopia Urges U.S. Citizens to Depart Now Using Commercial Air

 

On November 21, the US Embassy in Addis Ababa sent another Security Message alerting U.S. citizens of the availability of commercial flights out of the country and urging their departure from Ethiopia.
“The security situation in Ethiopia continues to deteriorate.  The U.S. Embassy urges U.S citizens in Ethiopia to depart now using commercially available options. Although the Embassy continues to process emergency passports and repatriation loans, and to provide other emergency services, the Embassy is unlikely to be able to assist U.S. citizens in Ethiopia with departure if commercial options become unavailable. Please see information on What the Department of State Can and Can’t Do in a Crisis.
U.S. citizens wishing to depart Ethiopia, currently have multiple options via commercial flights from Bole International Airport. If you have difficulty securing a flight or need assistance to return to the United States, please contact AddisACS@state.gov for guidance. The Embassy can also provide a repatriation loan for U.S. citizens who cannot afford at this time to purchase a commercial ticket to the United States. If you are a U.S. citizen and delaying your departure because your non-U.S. citizen spouse or minor children do not have immigrant visas or U.S. passports, please contact us immediately.  Similarly, if you are a non-U.S. citizen parent of a U.S. citizen minor but do not have a valid U.S. visa or other document valid for entry to the United States, please contact us.”
The Level 4-Do Not Travel Advisory released on November 6 notes that “The Department of State urges U.S citizens in Ethiopia to depart now using commercially available options. The U.S. Embassy is unlikely to be able to assist U.S. citizens in Ethiopia with departure if commercial options become unavailable. Although seats on commercial flights currently remain available, we cannot predict when demand will exceed capacity. Please see information on What the Department of State Can and Can’t Do in a Crisis.”
The Department’s What the Department of State Can and Can’t Do in a Crisis” is helpful to U.S. citizens but does not include information on the almost non-existence assistance available to “green card” holders (legal permanent residents) and potential difficulties related to dual nationals.
If U.S. “green card” holders or U.S. permanent residents are arrested overseas (a potential reality given the reported targeted detentions of individuals), 7 FAM 400 on arrest and detention notes specifically that consular officers “do not have the right to demand consular access and visitation for U.S. Lawful Permanent Resident Aliens (LPRs)” overseas. It adds that LPRs (who are not U.S. citizens) must “turn to the country of their nationality or citizenship to request and receive consular services.”
Also see 7 FAM 416.37 FAM 416.3-1  Dual National Arrestees In The Non-U.S. Country Of Nationality. “It is a generally recognized rule, often regarded as a rule of international law, that when a person who is a dual national is residing in either of the countries of nationality, the person owes paramount allegiance to that country, and that country has the right to assert its claim without interference from the other country.  Thus, in the absence of agreements to the contrary between the United States and the country of second nationality, if a dual national encounters difficulties in the country of the second nationality while residing there, the U.S. government’s representations on that person’s behalf may or may not be accepted.”
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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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