Sunday, February 12, 2017
In this blog post, Attorney Margaret Alden Moody analyzes the January 27 Executive Order's Section 3, which would link an individual’s fate in the U.S. immigration process to his or her country of origin’s cooperation with U.S. demands for “information” about that individual. Here is a synopsis.
Little-discussed provisions of the executive order would link an individual’s fate in the U.S. immigration process to his or her country of origin’s cooperation with U.S. demands for “information” about that individual. Just as the sweeping 90-day ban under Section 3(c) is meant to arbitrarily punish all nationals of the designated countries, so are the remainder of Section 3’s provisions intended as a permanent bar that indiscriminately targets all nationals of designated countries, irrespective of an individual’s actual risk profile.
The radical provisions are clearly designed to be impossible for individuals to comply with.
First, the U.S. has either no consular relations or frayed relations with most of the seven designated countries, with the notable exception of Iraq.
Second, there is no cause to believe that the countries—even if they chose to comply—would provide accurate information about their nationals. All seven of the designated countries have histories of gross human rights violations. In particular, all or most of those governments—either historically or currently—have routinely falsely
implicated their own citizens in crimes.
It is critical that attorneys, lawmakers, and the public understand the provisions of Section 3 that would effectively render the 90-day ban a permanent ban, thereby depriving individuals of statutory and constitutional rights and permanently disrupting families, businesses, and universities.