Executive Order 13780
The Executive Order 13780 is a decree of the US president Donald Trump of 6 March 2017. It prohibits citizens from six predominantly Muslim countries for 90 days and refugees 120 days of entry into the United States . The decree was to come into force on March 16, 2017, replacing Executive Order 13769 , which had been partially overruled by the courts after massive protests and many legal actions.
content
The main differences to the previous decree are:
- The Iraq was removed from the previously comprehensive seven states list. That leaves Iran , Yemen , Libya , Somalia , Sudan and Syria .
- People with dual nationality are excluded if they use a passport from a country that is not on the list to enter the country.
- Holders of a green card or a valid US visa are excluded. New visas for citizens of these countries are no longer issued.
- Refugees from Syria who were previously denied entry for an indefinite period are now also subject to the 120-day restriction.
- References to religion and Muslims have been deleted.
The Ministry of Foreign Affairs then issued instructions to only approve visa applications for 90 days from people from the states of Yemen, Iran, Libya, Somalia, Sudan and Syria for close relatives, i.e. if parents, parents-in-law, children, siblings, sons-in-law or daughters-in-law were already there live in the USA. Students or employees with formal invitations or valid employment contracts can also continue to travel to the United States. Refugees who have already completed the selection process and whose travel to the USA is approved by July 6th are also allowed to enter. All other refugees are exempt from traveling to the USA for 120 days. Furthermore, the upper limit of 50,000 refugees will initially remain in place for the 2017 fiscal year, after which only those refugees who already have close relatives in the USA can receive visas.
Extension from September 2017
On September 24, 2017, the White House announced three more countries whose citizens are not allowed to enter the United States: Chad , North Korea and Venezuela . In the case of Venezuela, however, only the leadership of the country and its environment are affected by the restrictions. The extension will come into force on October 18, 2017, people from these countries who had previously received visas are not affected.
Sudan, which was originally on the list, was removed after the US authorities deemed cooperation with the country on security issues sufficient.
The original restrictions were further specified and defined differently depending on the country:
- Citizens of Chad, Libya and Yemen do not receive business, tourist or mixed visas
- Citizens of Iran are not allowed to enter the US, with the exception of high school and college students who have passed a special security clearance
- Citizens of North Korea and Syria are not allowed to enter the US
- Citizens of Somalia are only allowed to enter the USA as visitors, not as immigrants
Reactions
The US state of Hawaii promptly filed a lawsuit against the decree. Washington , Maryland , Massachusetts , Minnesota , New York, and Oregon jointly filed another lawsuit . The responsible judge James Robart rejected this on March 11, 2017 as inadequately justified and asked the applicants to revise them.
On March 12, 2017, a letter appeared from over 130 US foreign policy experts to Secretary of State Rex Tillerson , Secretary of Defense James N. Mattis , Attorney General Jeff Sessions, and Secretary of State John F. Kelly . The senders warned against implementing the decree, as it endangers national security. Signatories included Madeleine Albright , Susan E. Rice , Janet Napolitano , Matthew G. Olsen , R. Nicholas Burns, and Richard Clarke .
On March 15, 2017 Derrick Watson, judge issued the Federal District Court in Hawaii, an injunction nationwide provisionally suspend the controversial parts of the decree. He stated that Hawaii's lawsuit had good prospects of success and that the implementation of the decree would have caused irreparable damage. For a sensible, objective observer, the instruction shows the intention "to disadvantage a certain religion, although it [...] pretends to be neutral". The judge also referred to earlier campaign statements by Trump and his advisors. 13 other states had supported the lawsuit as amici curiae .
Supreme Court
The Trump administration called the Supreme Court in June 2017 . On June 26, 2017, the latter decided to accept the case and provisionally put parts of the entry ban into effect for the period up to the hearing. According to this, only those who can prove “real” or credible relationships with the United States are allowed to enter from the countries concerned, which applies to family members, students or employees of American companies.
On September 11, 2017, the Supreme Court overruled the rulings of a subordinate appellate court, according to which the approximately 24,000 refugees who had already received approval to resettle could come to the USA despite Executive Order 13780. According to the judgment of the court, they lack the “ bona fide ” connection to the USA on which the other exceptions are based.
A hearing on the legality of the measure is scheduled for October 10, 2017 by the Supreme Court.
Web links
- Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States. Full text on the White House website, March 6, 2017
Individual evidence
- ↑ Trump signs new immigration decree. Spiegel Online, March 6, 2017, accessed on the same day.
- ↑ Marc Pitzke: New version, old problems. Spiegel Online, March 6, 2017, accessed on the same day.
- ↑ AP: "Travel Ban Was on, Then Off. Now It's Back, but Different" NYT June 29, 2017
- ^ A b c d Devlin Barrett: "White House expands travel ban, restricting visitors from eight countries" Washington Post, September 24, 2017
- ↑ Judge rejects complaint against entry decree. Spiegel Online, March 11, 2017, accessed on the same day.
- ↑ Foreign politicians , the military and diplomats condemn Trump's new entry decree. Spiegel Online, March 12, 2017, accessed on the same day.
- ↑ Federal court also stops Trump's second entry ban. Spiegel Online, March 15, 2017, accessed on the same day.
- ↑ Ariane de Vogue, Laura Jarrett: Trump admin appeals travel ban case to the Supreme Court. In: CNN.com , June 1, 2017 (English).
- ↑ Supreme Court allows parts of Trump's entry ban. In: Frankfurter Allgemeine Zeitung , June 26, 2017.
- ^ "Supreme Court agrees with Trump administration, says some refugees can be barred for now" The Washington Post, September 12, 2017