Timeline for Does the order barring entry of certain aliens into the US properly apply to permanent residents?
Current License: CC BY-SA 3.0
17 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Jan 29, 2017 at 20:41 | history | edited | user6726 | CC BY-SA 3.0 |
added 134 characters in body
|
| Jan 29, 2017 at 6:14 | comment | added | phoog | @user6726 To look at it another way, the scope of "from" is critical because the aliens affected by the order are "such persons," which refers back to "aliens from countries referred to in ... 8 U.S.C. 1187(a)(12)." | |
| Jan 29, 2017 at 5:55 | comment | added | phoog | @user6726 the "proclaim" clause, or at least that one, defines a class of aliens for the purpose of suspending their entry pursuant to 8 USC 1182(f) ("Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation ... suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants"). If I've got it wrong then please point out some other part of the order that purports to prohibit nationals of those seven countries from entering the US for 90 days. | |
| Jan 29, 2017 at 5:16 | comment | added | user6726 | @phoog, the point is that the "proclaim" clause is not an order which defines what can and cannot be done, so the ambiguity in the scope of "from" is a legal nullity. The order is stated in terms of aliens, who are non-citizens. | |
| Jan 29, 2017 at 3:03 | comment | added | phoog | @user6726 that's not policy dicta, that's the actual order. In section three: "I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries ..." Was there some other part of the order that mentions "citizens" or "nationals" of those countries? I didn't see it. | |
| Jan 29, 2017 at 0:45 | comment | added | user6726 | The entry of a Syrian is barred, no matter where the flight originated from. The order does proclaim that entry into the US of aliens from such countries is detrimental to the interests of the US, but that is policy dicta, and the exclusion doesn't involve an ambiguous "from" expression. | |
| Jan 29, 2017 at 0:15 | comment | added | gnasher729 | If let's say a Syrian citizen moved legally to Germany and then boards a flight from Germany to the USA, would that be entry of an alien from Germany or entry of an alien from Syria? Both could reasonably be argued. Same lets say for a German journalist who takes a flight from Syria to the USA, just the other way round. | |
| Jan 28, 2017 at 23:46 | history | edited | user6726 | CC BY-SA 3.0 |
added 245 characters in body
|
| Jan 28, 2017 at 23:34 | history | edited | user6726 | CC BY-SA 3.0 |
added 666 characters in body
|
| Jan 28, 2017 at 23:09 | history | edited | user6726 | CC BY-SA 3.0 |
added 666 characters in body
|
| Jan 28, 2017 at 23:05 | comment | added | phoog | I just noticed that K-C's now-deleted answer was edited to cite 8 U.S.C. §1101(a)(13)(C) before it was deleted. This indicates that most green card holders should beunaffected by the ban. K-C, if you're reading this, you should undelete your answer. | |
| Jan 28, 2017 at 22:57 | comment | added | phoog | After being admitted for permanent residence, no immigrant has an immigrant visa. The visas are valid for one entry only. Permanent residents enter solely with their green cards, not even needing a passport, and they are defined elsewhere in the code as "special immigrants" when returning after a temporary absence abroad. This exceptional treatment in the code leads me to believe that 1182(f) may not apply to them. | |
| Jan 28, 2017 at 22:50 | history | edited | user6726 | CC BY-SA 3.0 |
deleted 1267 characters in body
|
| Jan 28, 2017 at 22:39 | history | edited | user6726 | CC BY-SA 3.0 |
deleted 1267 characters in body
|
| Jan 28, 2017 at 21:21 | comment | added | phoog | You're quoting 8 USC 1182(d)(12), but the order concerns 8 USC 1187. The only sense I can make of that is that you have confused the numbers 1182 and 1187 (8 USC 1182(a) only has 10 parts). Section 1187 concerns the Visa Waiver Program, and (a)(12) concerns the countries that will make people ineligible for the VWP if they've traveled to them or are (dual) nationals of one of them. But that is incidental to the question, and I don't see anything in your answer that makes it clear that re-entry of an alien admitted for lawful permanent residence is an "immigrant entry." | |
| Jan 28, 2017 at 19:17 | history | edited | user6726 | CC BY-SA 3.0 |
added 1347 characters in body
|
| Jan 28, 2017 at 17:42 | history | answered | user6726 | CC BY-SA 3.0 |