The first Executive Order regarding the Muslim travel ban has received more press than the second Executive Order President Trump signed that same weekend. The second Executive Order has mostly been referred to as the “Sanctuary Cities” ban, but it also has crazy interior enforcement provisions that literally turn local police officers into federal immigration officers.
We are very concerned that this second Executive Order will result in local police starting to feel empowered to pull people over who do not “look American” for “traffic violations.” This second Executive Order gives them a lot of power to arrest and remove people that they “think committed acts that constitute a chargeable criminal offense” (they do not even have to be charged or convicted of committing these acts) and/or in the judgment of the officer “pose a threat to the public safety or national security of the U.S.” If someone finds himself in this situation and does not have his immigration documents on him to prove he is here legally, he can be arrested and possibly put into removal proceedings.
In addition, we are hearing rumors that the TSA might start requiring that all Permanent Residents of the U.S. be checked while flying to make sure they are carrying their Permanent Resident cards on them- even when traveling within the U.S. If they do not have their Green Cards on their person, the TSA will call ICE.
Accordingly, please advise all of your Permanent Resident employees and anyone who is not a U.S. citizen physically present in the U.S. (business visitors included) to ALWAYS carry their passport, I-94 Card, I-797 Approval Notice and Green Card with them AT ALL TIMES. It has always been the law that these documents should be in their person, but it has been a low priority item for the Immigration Service and did not result in people being arrested and removed. This may not be the situation anymore.
We are hopeful a federal judge will intervene soon and hold provisions of this second Executive Order unlawful as well, similar to what the 9th Circuit did with the Muslim Ban, but for now- it is the law of the land.
If you should have any questions, please advise.
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