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What You Should Know About the Latest Muslim Ban

What You Should Know About the Latest Muslim Ban

On Jan. 31, 2020, just a few days after the third anniversary of the first Muslim Ban, the Trump administration expanded its travel restrictions targeting even more Muslims and immigrants of color. The expanded Muslim Ban includes Sudan, Nigeria, Tanzania, Myanmar, Eritrea and Kyrgyzstan. Individuals from Libya, Iran, Somalia, Yemen, Syria, North Korea and Venezuela remain subject to the Muslim Ban.

In this advisory, a project of our coalition with the No Muslim Ban Ever campaign, we cover information about the status of the Muslim Ban, who is impacted, as well as information about the so-called waiver process. Please note that this information is subject to change based on the various legal challenges. We will update you should changes happen.

Timing

Muslim Ban 3.0 is already in full effect for individuals from Libya, Iran, Somalia, Yemen, Syria, North Korea and Venezuela. The expanded Ban affecting individuals from Sudan, Nigeria, Tanzania, Myanmar, Eritrea and Kyrgyzstan goes into effect Feb. 21, 2020.

Who is Impacted Under the Expanded Ban?

Certain nationals of Sudan, Nigeria, Tanzania, Myanmar, Eritrea and Kyrgyzstan.

The expanded Ban only applies to individuals who are 1) outside of the U.S. on the effective date, 2) who did not have a valid visa on that date, and 3) who have not obtained a waiver (discussed below).

The expanded Ban does not apply to:

  • U.S. Lawful permanent residents (green card holders);
  • People admitted or paroled into the U.S. on or after February 21, 2020;
  • People with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date of the new Muslim Ban;
  • Dual-nationals traveling on a passport from a non-designated country;
  • People who have been granted asylum by the U.S.;
  • Refugees already admitted to the U.S.; or
  • Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture.

Details on Impacted Countries

Sudan

  • All Diversity Visas are suspended for Sudanese nationals.

Tanzania

  • All Diversity Visas are suspended for Tanzanian nationals.

Nigeria

  • All immigrant visas from Nigeria are suspended.
  • Special Immigrants whose eligibility is based on having provided assistance to the United States Government are exempt from the Ban.

Myanmar

  • All immigrant visas from Myanmar are suspended.
  • Special Immigrants whose eligibility is based on having provided assistance to the United States Government are exempt from the Ban.

Eritrea

  • All immigrant visas from Eritrea are suspended.
  • B1/B2 visitor visas from Eritrea were previously suspended under a separate proclamation.
  • Special Immigrants whose eligibility is based on having provided assistance to the United States Government are exempt from the Ban.

Kyrgyzstan

  • All immigrant visas from Kyrgyzstan are suspended.
  • Special Immigrants whose eligibility is based on having provided assistance to the United States Government are exempt from the Ban.

Waivers Seeking an Exception to the Muslim Ban

A “waiver” is permission to obtain a U.S. visa, even though the Muslim Ban says you are not eligible to get one. Muslim Ban 3.0 states that banned individuals can ask for a waiver to request an exception that would allow the visa to be issued as long as they can show that:

  1. Denying entry would cause the visa applicant undue hardship;
  2. Entry to the U.S. would not pose a threat to the national security or public safety of the U.S.; and
  3. Entry would be in the national interest of the U.S.

The law states that a consular officer or Customs and Border Protection official has the authority to grant a waiver on a case-by-case-basis. The law also lists several examples where a waiver can be granted (such as needing urgent medical care, reuniting with immediate family members in the U.S., business ties etc.).

Unfortunately the waiver process has been very unclear and applied unevenly. The government has provided very little guidance on the waiver process. Our organizations are currently suing the government to challenge the waiver process.

Here are some things we know:

  • There is no formal process to request a waiver. There is no available form online to fill out. Any documents submitted to the consulate outlining why you qualify for a waiver may or may not be accepted.
  • Many consulates have been notifying individuals that either:
    • The consulate is denying the waiver for their case, stating that the visa is “refused under 212(f)”:
      • In this case, there is no appeal process for the decision. Many individuals are submitting waiver requests, however, it is unclear if they are being accepted.
    • The consulate is considering their case for a waiver:
      • In this case, the consulate may or may not ask you about the above criteria in the interview; the consulate may or may not accept a written letter outlining why you meet the above criteria either during your interview or if you try to email/mail it in; the consulate may or may not refer your case to Washington D.C.

If you have an upcoming interview before a consulate, please seek legal advice about the waiver process.

Information around waivers can change very quickly, so seek legal help (while watching out for scams) and please check back frequently.

How to Get Legal Help

Our organization provides information and legal services free of charge. You can contact us if:

  • You or someone you know is impacted by this Muslim Ban and would like free legal advice or assistance;
  • Your community would like to request a “Know Your Rights” presentation.

Contact us at 469-200-0273 and/or fill out our intake form here.

CAIR-DFW Applauds Chicken Express - Blue Mound Road for Holding Cultural Competency Training Following Hijab Incident

CAIR-DFW Applauds Chicken Express - Blue Mound Road for Holding Cultural Competency Training Following Hijab Incident

Chicken Express Cultural Competancy Training CAIR Texas DFW(DALLAS, TEXAS, 2/4/20) – The Dallas-Fort Worth chapter of the Council on American-Islamic Relations  (CAIR-DFW), a chapter of the nation’s largest Muslim civil rights and advocacy organization, today thanked the Chicken Express franchise on Blue Mound Road in Saginaw, Texas, for utilizing CAIR-DFW to hold a cultural competency training after an incident involving a Muslim employee’s hijab (Islamic head scarf).

Earlier in the month, a Muslim woman was initially sent home for wearing a hijab at work. The employer responded to the incident by allowing the Muslim employee to return to work with her hijab as well as have the owner of the store, managers, and other employees participate in a cultural competency training workshop hosted by CAIR-DFW.

SEE: CAIR-DFW Expresses Concerns, Offers Diversity Training for Fast Food Outlet That Sent Worker Home for Wearing Hijab

https://www.cair.com/cair_dfw_expresses_concerns_offers_diversity_training_for_fast_food_outlet_that_sent_worker_home_for_wearing_hijab

The workshop was held on Tuesday, Jan. 21 in the morning before the store opened. The training involved a presentation that discussed employee rights and religious accommodations of all faiths in the workplace. It concluded with a question and answer session before the team opened the store.

“This is an example of an employer doing the right thing,” said CAIR-DFW Executive Director Faizan Syed. “As the American workforce continues to diversify, it is important for employers to understand the changing dynamics. This is an example of when an employer responds correctly to an incident and we hope that other employers will follow their lead.”

CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.

La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.

END

CONTACT: CAIR-DFW Executive Director Faizan Syed, Executive Director (469)290-2909, This email address is being protected from spambots. You need JavaScript enabled to view it.;

Refugee agencies continue efforts while waiting for the next immigration ruling

Refugee agencies continue efforts while waiting for the next immigration ruling

 

DALLAS — When Gov. Greg Abbott, backed by a Trump Administration decision, announced Texas would no longer participate in the federal refugee resettlement program, Dr. Samira Page was among a chorus of refugee supporters who became concerned.

"We welcome the Maryland judge who put in a temporary injunction," said Faizan Syed the executive director of the DFW chapter of the Council on American-Islamic Relations. Syed, raised primarily in St. Louis, Missouri, was brought to the United States by his parents from Pakistan when he was 4 years old.

"I am a beneficiary of this country welcoming immigrants and refugees. And my family they've come here they've built a life here they work hard they pay taxes, and they do all of these things to make themselves American and to give back to the country that they came in. And that's what makes America strong."

Read Full Article: https://www.wfaa.com/article/news/local/refugee-agencies-continue-efforts-while-waiting-for-the-next-immigration-ruling/287-41af2126-696c-4768-8a1e-e4b30fbbfbaf

Dallas Refugee Organizations Unite Against Abbott’s Ban

Dallas Refugee Organizations Unite Against Abbott’s Ban

Ten Dallas refugee, immigrant and religious organizations spoke in unified opposition Friday to Gov. Greg Abbott's refusal last week to continue accepting refugees to Texas.

In a joint press conference, representatives of those agencies, who collectively offer housing, job, language, legal, social and general support to refugees and other displaced people, spoke directly to Abbott, arguing that refugees are an asset to Texas and asking him to reconsider his decision no longer to be a resettlement location for refugees.

“Today, we have a large multifaith, multicultural group of people coming together ... to stand united to let the world know that Texas welcomes refugees of all backgrounds. And that we unequivocally condemn and stand against the governor's decision to not allow refugees to come to our great state,” said Faizan Syed, executive director of the Texas DFW chapter of the Council on American-Islamic Relations.

Read Full Article: https://www.dallasobserver.com/news/dallas-wants-to-give-millions-in-tax-breaks-to-a-failing-pizza-delivery-startup-11848611

North Texas Immigration Advocate Calls Abbott’s Refugee Resettlement Decision ‘Immoral’

North Texas Immigration Advocate Calls Abbott’s Refugee Resettlement Decision ‘Immoral’

https://www.nbcdfw.com/news/local/north-texas-immigration-advocate-calls-abbotts-refugee-resettlement-decision-immoral/2292277/

 

Days after Texas Gov. Greg Abbott (R) informed the Trump administration that his state would not participate in refugee resettlement this year, some immigration advocacy groups voiced their opposition the decision.

“We believe that Gov. Abbott’s decision to not allow new refugees to resettle in the state of Texas is unconscionable, immoral and un-American,” said Fazian Syed, executive director of the Council on American-Islamic Relations in Dallas-Fort Worth said.

In his letter to Secretary of State Mike Pompeo, Abbott cited a need to focus on the people already in Texas and the “broken federal immigration system” he alleged Congress has failed to fix.

Read Full Article: https://www.nbcdfw.com/news/local/north-texas-immigration-advocate-calls-abbotts-refugee-resettlement-decision-immoral/2292277/