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Sunday, 29 January 2017
SHOCKER:TRUMP TO BAN 2 -YEAR VISA FOR NIGERIANS
takes a proactive visa policy
review, Nigerians will no longer
be issued with American entry
visas which have two-year
validity following the Executive
Order signed on Friday by
President Donald Trump,
TheCable can report.
Also, Nigerians who hold dual
nationality will be affected if their
other passport is from Syria, Iraq,
Iran, Sudan, Libya, Somalia and
Yemen — the seven Muslim-majority
countries “of concern”.
A lot of attention has been on the
temporary visa ban on citizens of the
seven Muslim-majority countries,
but the impact on Nigerians is far
more than previously thought.
An analysis of the Executive Order by
TheCable editors shows that at least
two sections will affect Nigerians
directly.
Nigeria currently only issues one-
year multiple-entry visa to
Americans, which is a non-
reciprocation of the two-year visa
the country issues to Nigerians.
Section 9 of the Executive Order
states: “The Secretary of State shall
review all nonimmigrant visa
reciprocity agreements to ensure
that they are, with respect to each
visa classification, truly reciprocal
insofar as practicable with respect to
validity period and fees, as required
by sections 221(c) and 281 of the
INA, 8 U.S.C. 1201(c) and 1351, and
other treatment. If a country does
not treat United States nationals
seeking nonimmigrant visas in a
reciprocal manner, the Secretary
of State shall adjust the visa
validity period, fee schedule, or
other treatment to match the
treatment of United States
nationals by the foreign country,
to the extent practicable…”
By this provision, except the federal
government quickly moves to extend
the validity of Nigerian visa to
Americans, Nigerians too will be
issued with one-year visas.
Given that the Trump order takes
immediate effect, Nigerians holding
valid two-year US visa are most
likely going to be affected.
Nigeria is also not reciprocating the
fees charged by the American
government — despite shorter visa
validity.
While the US charges Nigerians $160
for a typical visit visa, Nigeria charges
$180, in addition to a $35
“processing fee”.
The section on dual nationality
involving seven Muslim-majority
countries is not expected to affect a
significant number of Nigerians
because a second citizenship of Syria,
Iraq, Iran, Sudan, Libya, Somalia and
Yemen is not common.
Many Nigerians, including
government officials, hold dual
nationality with either the US or
Europe.
However, Nigerians who have been
to Syria, Iraq, Iran, Sudan, Libya,
Somalia and Yemen in recent times
may be subjected to extra
immigration control with possible
deportation.
THE EXECUTIVE ORDER IN
FULL
PROTECTING THE NATION FROM
FOREIGN TERRORIST ENTRY INTO
THE UNITED STATES
By the authority vested in me as
President by the Constitution and
laws of the United States of America,
including the Immigration and
Nationality Act (INA), 8 U.S.C. 1101
et seq., and section 301 of title 3,
United States Code, and to protect
the American people from terrorist
attacks by foreign nationals admitted
to the United States, it is hereby
ordered as follows:
Section 1. Purpose. The visa-
issuance process plays a crucial role
in detecting individuals with terrorist
ties and stopping them from
entering the United States. Perhaps
in no instance was that more
apparent than the terrorist attacks of
September 11, 2001, when State
Department policy prevented
consular officers from properly
scrutinizing the visa applications of
several of the 19 foreign nationals
who went on to murder nearly 3,000
Americans. And while the visa-
issuance process was reviewed and
amended after the September 11
attacks to better detect would-be
terrorists from receiving visas, these
measures did not stop attacks by
foreign nationals who were admitted
to the United States.
Numerous foreign-born individuals
have been convicted or implicated in
terrorism-related crimes since
September 11, 2001, including
foreign nationals who entered the
United States after receiving visitor,
student, or employment visas, or
who entered through the United
States refugee resettlement
program. Deteriorating conditions in
certain countries due to war, strife,
disaster, and civil unrest increase the
likelihood that terrorists will use any
means possible to enter the United
States. The United States must be
vigilant during the visa-issuance
process to ensure that those
approved for admission do not
intend to harm Americans and that
they have no ties to terrorism.
In order to protect Americans, the
United States must ensure that
those admitted to this country do
not bear hostile attitudes toward it
and its founding principles. The
United States cannot, and should
not, admit those who do not support
the Constitution, or those who would
place violent ideologies over
American law. In addition, the
United States should not admit
those who engage in acts of bigotry
or hatred (including “honor” killings,
other forms of violence against
women, or the persecution of those
who practice religions different from
their own) or those who would
oppress Americans of any race,
gender, or sexual orientation.
Sec. 2. Policy. It is the policy of the
United States to protect its citizens
from foreign nationals who intend to
commit terrorist attacks in the
United States; and to prevent the
admission of foreign nationals who
intend to exploit United States
immigration laws for malevolent
purposes.
Sec. 3. Suspension of Issuance of
Visas and Other Immigration
Benefits to Nationals of Countries
of Particular Concern. (a) The
Secretary of Homeland Security, in
consultation with the Secretary of
State and the Director of National
Intelligence, shall immediately
conduct a review to determine the
information needed from any
country to adjudicate any visa,
admission, or other benefit under
the INA (adjudications) in order to
determine that the individual
seeking the benefit is who the
individual claims to be and is not a
security or public-safety threat.
(b) The Secretary of Homeland
Security, in consultation with the
Secretary of State and the Director of
National Intelligence, shall submit to
the President a report on the results
of the review described in
subsection (a) of this section,
including the Secretary of Homeland
Security’s determination of the
information needed for adjudications
and a list of countries that do not
provide adequate information, within
30 days of the date of this order. The
Secretary of Homeland Security shall
provide a copy of the report to the
Secretary of State and the Director of
National Intelligence.
(c) To temporarily reduce
investigative burdens on relevant
agencies during the review period
described in subsection (a) of this
section, to ensure the proper review
and maximum utilization of available
resources for the screening of
foreign nationals, and to ensure that
adequate standards are established
to prevent infiltration by foreign
terrorists or criminals, pursuant to
section 212(f) of the INA, 8 U.S.C.
1182(f), I hereby proclaim that the
immigrant and nonimmigrant entry
into the United States of aliens from
countries referred to in section
217(a)(12) of the INA, 8 U.S.C.
1187(a)(12), would be detrimental to
the interests of the United States,
and I hereby suspend entry into the
United States, as immigrants and
nonimmigrants, of such persons for
90 days from the date of this order
(excluding those foreign nationals
traveling on diplomatic visas, North
Atlantic Treaty Organization visas,
C-2 visas for travel to the United
Nations, and G-1, G-2, G-3, and G-4
visas).
(d) Immediately upon receipt of the
report described in subsection (b) of
this section regarding the
information needed for
adjudications, the Secretary of State
shall request all foreign governments
that do not supply such information
to start providing such information
regarding their nationals within 60
days of notification.
(e) After the 60-day period described
in subsection (d) of this section
expires, the Secretary of Homeland
Security, in consultation with the
Secretary of State, shall submit to
the President a list of countries
recommended for inclusion on a
Presidential proclamation that would
prohibit the entry of foreign
nationals (excluding those foreign
nationals traveling on diplomatic
visas, North Atlantic Treaty
Organization visas, C-2 visas for
travel to the United Nations, and
G-1, G-2, G-3, and G-4 visas) from
countries that do not provide the
information requested pursuant to
subsection (d) of this section until
compliance occurs.
(f) At any point after submitting the
list described in subsection (e) of this
section, the Secretary of State or the
Secretary of Homeland Security may
submit to the President the names
of any additional countries
recommended for similar treatment.
(g) Notwithstanding a suspension
pursuant to subsection (c) of this
section or pursuant to a Presidential
proclamation described in subsection
(e) of this section, the Secretaries of
State and Homeland Security may,
on a case-by-case basis, and when in
the national interest, issue visas or
other immigration benefits to
nationals of countries for which visas
and benefits are otherwise blocked.
(h) The Secretaries of State and
Homeland Security shall submit to
the President a joint report on the
progress in implementing this order
within 30 days of the date of this
order, a second report within 60 days
of the date of this order, a third
report within 90 days of the date of
this order, and a fourth report within
120 days of the date of this order.
Sec. 4. Implementing Uniform
Screening Standards for All
Immigration Programs. (a) The
Secretary of State, the Secretary of
Homeland Security, the Director of
National Intelligence, and the
Director of the Federal Bureau of
Investigation shall implement a
program, as part of the adjudication
process for immigration benefits, to
identify individuals seeking to enter
the United States on a fraudulent
basis with the intent to cause harm,
or who are at risk of causing harm
subsequent to their admission. This
program will include the
development of a uniform screening
standard and procedure, such as in-
person interviews; a database of
identity documents proffered by
applicants to ensure that duplicate
documents are not used by multiple
applicants; amended application
forms that include questions aimed
at identifying fraudulent answers and
malicious intent; a mechanism to
ensure that the applicant is who the
applicant claims to be; a process to
evaluate the applicant’s likelihood of
becoming a positively contributing
member of society and the
applicant’s ability to make
contributions to the national
interest; and a mechanism to assess
whether or not the applicant has the
intent to commit criminal or terrorist
acts after entering the United States.
(b) The Secretary of Homeland
Security, in conjunction with the
Secretary of State, the Director of
National Intelligence, and the
Director of the Federal Bureau of
Investigation, shall submit to the
President an initial report on the
progress of this directive within 60
days of the date of this order, a
second report within 100 days of the
date of this order, and a third report
within 200 days of the date of this
order.
Sec. 5. Realignment of the U.S.
Refugee Admissions Program for
Fiscal Year 2017. (a) The Secretary
of State shall suspend the U.S.
Refugee Admissions Program
(USRAP) for 120 days. During the
120-day period, the Secretary of
State, in conjunction with the
Secretary of Homeland Security and
in consultation with the Director of
National Intelligence, shall review
the USRAP application and
adjudication process to determine
what additional procedures should be
taken to ensure that those approved
for refugee admission do not pose a
threat to the security and welfare of
the United States, and shall
implement such additional
procedures. Refugee applicants who
are already in the USRAP process
may be admitted upon the initiation
and completion of these revised
procedures. Upon the date that is
120 days after the date of this order,
the Secretary of State shall resume
USRAP admissions only for nationals
of countries for which the Secretary
of State, the Secretary of Homeland
Security, and the Director of National
Intelligence have jointly determined
that such additional procedures are
adequate to ensure the security and
welfare of the United States.
(b) Upon the resumption of USRAP
admissions, the Secretary of State, in
consultation with the Secretary of
Homeland Security, is further
directed to make changes, to the
extent permitted by law, to prioritize
refugee claims made by individuals
on the basis of religious-based
persecution, provided that the
religion of the individual is a minority
religion in the individual’s country of
nationality. Where necessary and
appropriate, the Secretaries of State
and Homeland Security shall
recommend legislation to the
President that would assist with such
prioritization.
(c) Pursuant to section 212(f) of the
INA, 8 U.S.C. 1182(f), I hereby
proclaim that the entry of nationals
of Syria as refugees is detrimental to
the interests of the United States
and thus suspend any such entry
until such time as I have determined
that sufficient changes have been
made to the USRAP to ensure that
admission of Syrian refugees is
consistent with the national interest.
(d) Pursuant to section 212(f) of the
INA, 8 U.S.C. 1182(f), I hereby
proclaim that the entry of more than
50,000 refugees in fiscal year 2017
would be detrimental to the
interests of the United States, and
thus suspend any such entry until
such time as I determine that
additional admissions would be in
the national interest.
(e) Notwithstanding the temporary
suspension imposed pursuant to
subsection (a) of this section, the
Secretaries of State and Homeland
Security may jointly determine to
admit individuals to the United
States as refugees on a case-by-case
basis, in their discretion, but only so
long as they determine that the
admission of such individuals as
refugees is in the national interest —
including when the person is a
religious minority in his country of
nationality facing religious
persecution, when admitting the
person would enable the United
States to conform its conduct to a
preexisting international agreement,
or when the person is already in
transit and denying admission would
cause undue hardship — and it
would not pose a risk to the security
or welfare of the United States.
(f) The Secretary of State shall submit
to the President an initial report on
the progress of the directive in
subsection (b) of this section
regarding prioritization of claims
made by individuals on the basis of
religious-based persecution within
100 days of the date of this order
and shall submit a second report
within 200 days of the date of this
order.
(g) It is the policy of the executive
branch that, to the extent permitted
by law and as practicable, State and
local jurisdictions be granted a role in
the process of determining the
placement or settlement in their
jurisdictions of aliens eligible to be
admitted to the United States as
refugees. To that end, the Secretary
of Homeland Security shall examine
existing law to determine the extent
to which, consistent with applicable
law, State and local jurisdictions may
have greater involvement in the
process of determining the
placement or resettlement of
refugees in their jurisdictions, and
shall devise a proposal to lawfully
promote such involvement.
Sec. 6. Rescission of Exercise of
Authority Relating to the
Terrorism Grounds of
Inadmissibility. The Secretaries of
State and Homeland Security shall, in
consultation with the Attorney
General, consider rescinding the
exercises of authority in section 212
of the INA, 8 U.S.C. 1182, relating to
the terrorism grounds of
inadmissibility, as well as any related
implementing memoranda.
Sec. 7. Expedited Completion of
the Biometric Entry-Exit Tracking
System. (a) The Secretary of
Homeland Security shall expedite the
completion and implementation of a
biometric entry-exit tracking system
for all travelers to the United States,
as recommended by the National
Commission on Terrorist Attacks
Upon the United States.
(b) The Secretary of Homeland
Security shall submit to the President
periodic reports on the progress of
the directive contained in subsection
(a) of this section. The initial report
shall be submitted within 100 days of
the date of this order, a second
report shall be submitted within 200
days of the date of this order, and a
third report shall be submitted
within 365 days of the date of this
order. Further, the Secretary shall
submit a report every 180 days
thereafter until the system is fully
deployed and operational.
Sec. 8. Visa Interview Security. (a)
The Secretary of State shall
immediately suspend the Visa
Interview Waiver Program and
ensure compliance with section 222
of the INA, 8 U.S.C. 1222, which
requires that all individuals seeking a
nonimmigrant visa undergo an in-
person interview, subject to specific
statutory exceptions.
(b) To the extent permitted by law
and subject to the availability of
appropriations, the Secretary of State
shall immediately expand the
Consular Fellows Program, including
by substantially increasing the
number of Fellows, lengthening or
making permanent the period of
service, and making language training
at the Foreign Service Institute
available to Fellows for assignment
to posts outside of their area of core
linguistic ability, to ensure that non-
immigrant visa-interview wait times
are not unduly affected.
Sec. 9. Visa Validity Reciprocity.
The Secretary of State shall review all
nonimmigrant visa reciprocity
agreements to ensure that they are,
with respect to each visa
classification, truly reciprocal insofar
as practicable with respect to validity
period and fees, as required by
sections 221(c) and 281 of the INA,
8 U.S.C. 1201(c) and 1351, and
other treatment. If a country does
not treat United States nationals
seeking nonimmigrant visas in a
reciprocal manner, the Secretary of
State shall adjust the visa validity
period, fee schedule, or other
treatment to match the treatment of
United States nationals by the
foreign country, to the extent
practicable.
Sec. 10. Transparency and Data
Collection. (a) To be more
transparent with the American
people, and to more effectively
implement policies and practices that
serve the national interest, the
Secretary of Homeland Security, in
consultation with the Attorney
General, shall, consistent with
applicable law and national security,
collect and make publicly available
within 180 days, and every 180 days
thereafter:
(i) information regarding the number
of foreign nationals in the United
States who have been charged with
terrorism-related offenses while in
the United States; convicted of
terrorism-related offenses while in
the United States; or removed from
the United States based on
terrorism-related activity, affiliation,
or material support to a terrorism-
related organization, or any other
national security reasons since the
date of this order or the last
reporting period, whichever is later;
(ii) information regarding the number
of foreign nationals in the United
States who have been radicalized
after entry into the United States
and engaged in terrorism-related
acts, or who have provided material
support to terrorism-related
organizations in countries that pose
a threat to the United States, since
the date of this order or the last
reporting period, whichever is later;
and
(iii) information regarding the
number and types of acts of gender-
based violence against women,
including honor killings, in the United
States by foreign nationals, since the
date of this order or the last
reporting period, whichever is later;
and
(iv) any other information relevant to
public safety and security as
determined by the Secretary of
Homeland Security and the Attorney
General, including information on the
immigration status of foreign
nationals charged with major
offenses.
(b) The Secretary of State shall,
within one year of the date of this
order, provide a report on the
estimated long-term costs of the
USRAP at the Federal, State, and
local levels.
Sec. 11. General Provisions. (a)
Nothing in this order shall be
construed to impair or otherwise
affect:
(i) the authority granted by law to an
executive department or agency, or
the head thereof; or
(ii) the functions of the Director of
the Office of Management and
Budget relating to budgetary,
administrative, or legislative
proposals.
(b) This order shall be implemented
consistent with applicable law and
subject to the availability of
appropriations.
(c) This order is not intended to, and
does not, create any right or benefit,
substantive or procedural,
enforceable at law or in equity by
any party against the United States,
its departments, agencies, or
entities, its officers, employees, or
agents, or any other person.
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