“让美国再次伟大”——一位移民律师的观点

自11月8日起, 2016 – the date on which the United States voted Republican candidate Donald Trump as the 45^th President of the United States – I have received numerous inquiries about what a Donald Trump presidency would mean for U.S. immigration policy and the immigrants and nonimmigrants living in the United States. The questions have stemmed from curiosity, concern, and sometimes outright fear. While no one can predict exactly what will happen over the next four years, there are some good indicators of where priorities and enforcement are likely to occur. In light of the recent executive orders signed by President Trump which track the President’s campaign promises, 以及媒体对其广泛而又往往不准确的报道, 我认为应该进行更中立的分析.

The most recent Executive Order and the one that has sparked the latest protests in the United States, is Executive Order Protecting the Nation from Terrorist Entry Into the United States”, 1月27日颁布的, 2017. There has been much uproar about “Trump’s Immigration Ban” and supposed “mass deportations of all Muslims”. In reality, this Executive Order temporarily restrict travel to the United States by foreigners – Muslims and non-Muslims – from seven specified Middle Eastern countries, namely, Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. 自从签署行政命令以来, the White House has clarified that lawful permanent residents of the United States from any of these seven designated countries will be considered for entry to the United States on a case-by-case basis. 除了临时旅行禁令, all resettlements of refugees from any country are on hold for 120 days and refugees from Syria are prohibited from entering the United States until further notice. The executive order does not call for the wholesale rounding up and deporting of Muslims or other foreigners without criminal records who are currently lawfully present in the United States. 该行政命令也没有禁止所有穆斯林进入美国. It is also worth pointing out that President Barack Obama issued a similar executive order in 2011 with regard to Iraqi refugees, 被禁止进入美国6个月的人, but without the media fanfare surrounding 特朗普总统的行政命令.

Some are calling the President’s actions unconstitutional and claiming that he has exceeded his authority. However, under the Immigration and Nationality Act (INA), specifically 8 U.S.C. § 1182(f), the president has the authority “for such period as he shall deem necessary, [to] suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” This authority provides for the blanket policy in the recent executive order. However, Customs and Border Protection (“CBP”) already had the discretionary authority to question, detain, 和/或拒绝任何非美国公民进入美国.S. 行政命令之前的公民. The issuance of a visa for travel to the United States has never been a right to demand entry to the United States by the visa holder; rather, 签证允许持有人 apply 允许进入美国，但须由美国政府酌情决定.S. 国土安全部和海关与边境保护局. 简而言之，签发签证并不能保证进入美国.

The recent travel restrictions have diverted much of the focus from overall immigration policy, which is not substantially different from that under the Obama administration. 在奥巴马执政期间, the Department of Homeland Security focused heavily on identification and removal of aliens with criminal records. 特朗普总统的行政命令, 除了最近的旅行限制, have similarly focused on the detention and removal of aliens involved in criminal activity, 加上所谓的“庇护城市”的后果，.

One thing that is for certain is that potentially big changes – temporary and permanent – are likely on the horizon. Any non-U.S. citizen should plan for potential complications in returning to the United States following foreign travel. 这些并发症可能包括强化筛查, 到二次检验, 到直接拒绝进入美国. 我们一直建议，并将继续建议，非美国.S. citizens carry supporting documentation for their requested visa classification with them whenever traveling outside the United States. This includes proof of current employment for those with employment-based visas and proof of marriage for those with lawful status based on marriage. U.S. citizens traveling to and from any of the seven designated countries should similarly anticipate enhanced scrutiny upon a return to the United States. Finally, anyone with deferred action (“DACA”) is strongly encouraged to remain in the United States notwithstanding a grant of advance parole. 当有疑问时, you should contact an experienced immigration attorney prior to departing the United States.

Annie Lahren是Pender律师事务所的一名律师 & Coward who focuses her practice on immigration law, civil litigation and family law.  联系她的电话是(757)490-6293或 alahren@dektinary.com.