Posted at 12:20 pm

“Protecting the Nation from Terrorist Attacks by Foreign Nationals” is expected to be the next Executive Order on immigration from the Trump Administration. This Order is intended to “protect the American people from terrorist attacks” and “ensure that those admitted into our country do not bear hostile attitudes toward our country and its founding principles.”

The Order likely will:

  • Block Syrian refugees from entering the United States for an indefinite period until the President lifts the ban while creating safe zones in Syria to house those awaiting resettlement.
  • Bar other refugees for at least 120 days while the U.S. Refugee Admissions Program for 2017 is reviewed and new vetting procedures are in place.
  • Prioritize claims of religious minorities suffering from persecution (essentially prioritizing claims by non-Muslims).
  • Reduce the overall number of refugees admitted in 2017 to 50,000 (below that proposed by the Obama Administration).
  • Suspend entries and the issuance of visas for at least 30 days from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen while the government reviews its screening processes.
  • Suspend the Visa Interview Waiver Program that allows returning nonimmigrants to extend their visas without appearing for in-person interviews at Consulates abroad.
  • Expedite the completion of a biometric entry-exit tracking system to enable better tracking of foreign nationals in the United States and prevent overstays.
  • Collect and make public information on the number of foreign-born individuals who have been charged with terrorism-related offenses, who have been “radicalized” after entry and engaged in terrorism-related acts, and who have committed gender-based violence against women or “honor killings.”

During the contemplated suspension periods, the Order would direct the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, to determine what information is needed from applicants’ countries of origin to ascertain whether those foreign nationals would pose a threat to the United States. Further, the Order would direct that foreign nationals from countries that refuse to comply would be prohibited from entry until their country of origin does comply.

We will update with any changes once the final version of the Order is released.

 

 

 

 

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.