Immigration Suspension Executive Order - MEGA THREAD

[SalishSea 17,801]

Just now, fs2439 said:

Copied from NYT:

A formal order temporarily barring the provision of new green cards and work visas could come as early as the next few days, according to several people familiar with the plan.

Under such an executive order, the Trump administration would no longer approve any applications from foreigners to live and work in the United States for an undetermined period of time, effectively shutting down the legal immigration system in the same way the president has long advocated closing the borders to illegal immigration.

It was not immediately clear what legal basis Mr. Trump would claim to justify shutting down most immigration.
 

Wow!

[B&ANZ 134]

So that will mean the suspension of spousal visas as a greencard is a result of it?

[VJmember2020 32]

I’ve been in a long distant relationship for 7 years with my fiancé. Met when we were 21 and 19. We were just about to have our Wedding and legal ceremony and then start the spouse visa and this happens. Just great. Feel like life has been going way against me these last few months. 

[Boketto 211]

Honestly the cost to the country is so high to pull this off, that I think it’s more of a political performance that he knows would be blocked. He probably wants it to be shot down with a fight, so he can appeal to voters before November by using this conflict to prove that he is fighting for the interests of American workers.

[geowrian 22,337]

16 minutes ago, mandsophia said:

does anyone know if he has the power to do this through executive order anyway? or will it be more like "temporarily suspending work visas only" etc 

As written, the POTUS has the power to exclude entry to any class of immigrant. That said, it also doesn't mean he has no limits whatsoever. He can't say, for instance, only "white" people can come to the US. That would be a pretty clear violation of higher laws. Or a ban based on religion (the travel bans in place today fall under security and was ruled on by SCOTUS already...I don't want to get into the debate of if it's a Muslim ban or not).

 

The exact limits of his authority are not clearly defined. If he is not violating another law, in theory he can do it.

In practice, if he does try to do anything so broad, I can pretty much guarantee lawsuits all over. And likely with injunctions that last beyond the shutdowns and initial recovery.

Edited April 21, 2020 by geowrian

[stephanie918 46]

18 minutes ago, retheem said:

Travel like now

it's a nice idea, but us in Australia are banned from leaving the country!

[millefleur 5,046]

2 minutes ago, fs2439 said:

It was not immediately clear what legal basis Mr. Trump would claim to justify shutting down most immigration.

Let's hope the courts clear up the "legal basis" part soon.

[laylalex 7,284]

Well, I have been trying not to get political here but if you're potentially affected by this and you think voting for Trump is a good idea in November, it's like being a turkey voting for Thanksgiving.

[mandsophia 160]

2 minutes ago, Rocko20 said:

My wife is in the same boat. My best guess is at worst, it will cause a several months backlog delay and at best it won't effect anything other than USCIS issuing an extension or waiver. Just my opinion. But my heart goes out to all the couples right in the middle of this who don't have their green card. 

Really hoping that is the case. I'm fine with waiting an extra 6 months or however how to get my ROC processed, it sounds like they would still process them. However, my heart also goes out to those still in the middle of the process. I know some people are still waiting years for their applications to be processed 

[B&ANZ 134]

The sad part is that the majority of Americans agree with Trump and will vote him in again

[SalishSea 17,801]

1 minute ago, geowrian said:

As written, the POTUS has the power to exclude entry to any class of immigrant. That said, it also doesn't mean he has no limits whatsoever. He can't say, for instance, only "white" people can come to the US. That would be a pretty clear violation of higher laws. Or a ban based on religion (the travel bans in place today fall under security and was ruled on by SCOTUS already...I don't want to get into the debate of if it's a Muslim ban or not).

 

The exact limits of his authority are not clearly defined. If he is not violating another law, in theory he can do it.

In practice, if he does try to do anything so broad, I can pretty much guarantee lawsuits all over. And likely with injunctions that last beyond the shutdowns and initially recovery.

9th circuit would be all OVER that.

Just now, B&ANZ said:

The sad part is that the majority of Americans agree with Trump and will vote him in again

And yet in 2016, the majority did not......

[CGs_Mother 114]

14 minutes ago, ChristianZane said:

The main thing is significant others are already on US soil, I think most of this is in his tiny head right now and hasn't been fully thought out, so even if there is a delay in EAD, AOS, Naturalization, Green cards etc for those on US soil already it's not as bad as having your loved one banned from entering here for the foreseeable future.

Thanks. I'm one of the banned people. My husband is in Houston and I'm in Toronto having just filed the I-130 application in January. From the NYT article, it sounds like they won't process my application at all now. If it's suspended for a few weeks, fine. If all of us foreign resident spouses who are in the application process for I-130s are going to be denied simply because of an executive order, where do we end up? I know we have to wait until the morning, but this is just...

[mandsophia 160]

2 minutes ago, laylalex said:

Well, I have been trying not to get political here but if you're potentially affected by this and you think voting for Trump is a good idea in November, it's like being a turkey voting for Thanksgiving.

just told my husband to vote for joe biden...he was not going to and was considering sitting out (he dislikes both candidates) but this is too much now. 

[millefleur 5,046]

Maybe Trump wanted to protect the jobs of lawyers by creating more work for them? 

[stephanie918 46]

4 minutes ago, mandsophia said:

Really hoping that is the case. I'm fine with waiting an extra 6 months or however how to get my ROC processed, it sounds like they would still process them. However, my heart also goes out to those still in the middle of the process. I know some people are still waiting years for their applications to be processed 

what about those that have the green card issued but aren't physically IN the US yet?