Tag: Executive Action

Guide to Trump’s Executive Order to Limit Migration for “National Security” Reasons

President Trump is expected to sign an executive order shortly to temporarily ban all visas for people from Iran, Iraq, Syria, Libya, Yemen, Sudan, and Somalia among other actions.  An advanced copy of this order was available earlier this week.  The first sentence of his order states that it is to “protect the American people from terrorist attacks by foreign nationals admitted to the United States.”  However, the countries that Trump chose to temporarily ban are not serious terrorism risks. 

I compiled a list of foreign-born people who committed or were convicted of attempting to commit a terrorist attack on U.S. soil from 1975 through 2015.  Below is a table with the distribution of their countries of origin (Figure 1).  The first seven countries are those to be initially and, hopefully, temporarily denied visas.  During the time period analyzed here, 17 foreign-born folks from those nations were convicted of carrying out or attempting to carry out a terrorist attack on U.S. soil and they killed zero people.  Zero Libyans or Syrians intended to carry out an attack on U.S. soil during this time. 

Figure 1

Foreign-Born Terrorist Country of Origin, 1975-2015

Country

Terrorists

Murders

Terrorists (percent)

Murders (percent)

Iran

6

0

3.9%

0.0%

Iraq

2

0

1.3%

0.0%

Libya

0

0

0.0%

0.0%

Somalia

2

0

1.3%

0.0%

Sudan

6

0

3.9%

0.0%

Syria

0

0

0.0%

0.0%

Yemen

1

0

0.6%

0.0%

Afghanistan

3

0

1.9%

0.0%

Algeria

4

0

2.6%

0.0%

Armenia

6

1

3.9%

0.0%

Australia

1

0

0.6%

0.0%

Bangladesh

2

0

1.3%

0.0%

Bosnia

1

0

0.6%

0.0%

Croatia

9

1

5.8%

0.0%

Cuba

11

3

7.1%

0.1%

Dominican Republic

1

0

0.6%

0.0%

Egypt

11

162

7.1%

5.4%

Ethiopia

1

0

0.6%

0.0%

France

1

0

0.6%

0.0%

Ghana

1

0

0.6%

0.0%

Guyana

2

0

1.3%

0.0%

Haiti

3

0

1.9%

0.0%

India

2

0

1.3%

0.0%

Japan

1

0

0.6%

0.0%

Jordan

4

0

2.6%

0.0%

Kazakhstan

1

0

0.6%

0.0%

Kosovo

2

0

1.3%

0.0%

Kuwait

2

6

1.3%

0.2%

Kyrgyzstan

2

3

1.3%

0.1%

Lebanon

4

158.5

2.6%

5.2%

Macedonia

3

0

1.9%

0.0%

Mexico

1

0

0.6%

0.0%

Morocco

3

0

1.9%

0.0%

Nigeria

1

0

0.6%

0.0%

Pakistan*

14

3

9.1%

0.1%

Palestine

5

2

3.2%

0.1%

Saudi Arabia*

19

2,369

12.3%

78.3%

Serbia

2

0

1.3%

0.0%

South Korea

1

0

0.6%

0.0%

Taiwan

1

1

0.6%

0.0%

Trinidad and Tobago

2

0.5

1.3%

0.0%

Turkey

1

0

0.6%

0.0%

United Arab Emirates

2

314

1.3%

10.4%

United Kingdom

3

0

1.9%

0.0%

Uzbekistan

3

0

1.9%

0.0%

Vietnam

1

0

0.6%

0.0%

Total

154

3,024

100.0%

100.0%

Sources: John Mueller, ed., Terrorism Since 9/11: The American Cases; RAND Database of Worldwide Terrorism Incidents; National Consortium for the Study of Terrorism and Responses to Terrorism Global Terrorism Database; Center on National Security; Charles Kurzman, “Spreadsheet of Muslim-American Terrorism Cases from 9/11 through the End of 2015,” University of North Carolina–Chapel Hill; Department of Justice; Federal Bureau of Investigation; New America Foundation; Mother Jones; Senator Jeff Sessions; Various news sources; Court documents.

*San Bernardino shooter Tashfeen Malik was born in Pakistan but mostly resided in Saudi Arabia from the time she was an infant. She physically met her U.S. born husband in Saudi Arabia.  I counted her as Saudi but one could reasonably count her as Pakistani because she was born in Pakistan and she held a Pakistani passport.  Doing so would transfer 14 terrorist murders from the Saudi Arabia’s row to Pakistan’s row.      

Attempting or committing a terrorist attack on U.S. soil is not the only terrorist offense.  Materially supporting foreign terrorist organizations, seeking to join a foreign terrorist group overseas, plotting or carrying out terrorist attacks in other countries, and others are also terrorism offenses.  I excluded foreign-born people convicted of those offenses because Trump is concerned with “making America safe again,” not with making other countries safe or with a global war on terrorism.  A terrorist attack in another country doesn’t kill Americans inside of the United States and these threats are not what concern American voters nearly as much as terrorism on U.S. soil.  You can call this an America First weighting of terrorism offenses.

Potential Path to a Green Card in Executive Action

In a little-noticed memo on November 20th, Department of Homeland Security Secretary Jeh Johnson ordered Customs and Border Protection and Citizenship and Immigration Services to allow unlawful immigrants who are granted advance parole to depart the United States and reenter legally.  This memo is based on a decision rendered in a 2012 Board of Immigration Appeals case called Matter of Arrabally. Allowing the immigrant to legally leave and reenter on advance parole means he or she can apply for a green card from inside of the United States–if he or she qualifies. 

Advance parole can be granted to recipients of DACA (deferred action for childhood arrivals) and DAPA (deferred action for parental accountability) if they travel abroad for humanitarian, employment, or educational purposes, which are broadly defined

Leaving the United States under advance parole means that the departure doesn’t legally count, so the 3/10 year bars are not triggered, and the unlawful immigrant can apply for a green card once they return to the United States through 8 USC §1255 if he or she is immediately related to a U.S. citizen.  Reentering the United States under advance parole means that the prior illegal entry and/or presence are wiped out in the eyes of the law.  Crucially, individuals who present themselves for inspection and are either admitted or paroled by an immigration officer can apply for their green card from inside of the United States and wait here while their application is being considered.

In such a case, unlawful immigrants who receive deferred action and who are the spouses of American citizens will be able to leave the United States on advance parole and reenter legally, allowing them to apply for a green card once they return.  Unlawful immigrants who are the parents of adult U.S. citizen children will be able to do the same.  Unlawful immigrants who are the parents of minor U.S. citizen children and are paroled back into the country will just have to wait until those children are 21 years of age and then they can be sponsored for a green card.

According to New York based immigration attorney Matthew Kolken, “President Obama’s policy change has the potential to provide a bridge to a green card for what could be millions of undocumented immigrants with close family ties to the United States.” 

Interpreting Obama’s Immigration Executive Action

President Obama will soon announce an executive action to defer the deportations of somewhere between 1 million and 4.5 million unauthorized immigrants. Those whose deportations are deferred will be eligible for a temporary work permit through a 1987 provision in the Code of Federal Regulations.

Those who support immigration reform note that any executive action by the President will poison the well for reform, making it impossible for Congress to move piecemeal bills to the President’s desk.  Last year, one of the most effective arguments against immigration reform was that President Obama would not enforce the law as written, a prediction that seems to be borne out with this executive action.  The Wall Street Journal editorial board said it the best:

If he does issue an executive order, we hope Republicans don’t fall for his political trap.  He and many Democrats want Republicans to appear to be anti-immigrant.  They want the GOP to dance to the Steve King-Jeff Sessions blow-a-gasket caucus.

To poison the well of reform there actually had to be water in the well to begin with. I’m not convinced there was.  If there was a serious Congressional effort to reform immigration in the immediate future, then the President’s actions here would totally derail it.

Executive Action on Immigration

President Obama will likely take some executive action this fall to reduce deportations or legalize some unauthorized immigrants. He recently ordered Jeh Johnson, Secretary of Homeland Security, to delay the release of a review of current deportation policy until after the summer. 

A White House official revealed the reason for the delay: “[President Obama] believes there’s a window for the House to get immigration reform done this summer, and he asked the secretary to continue working on his review until that window has passed.”

President Obama has taken a much more conciliatory tone toward Republicans in his push for immigration reform. His 2014 State of the Union address asked Republicans to support reform without blaming them for obstructing it. The White House official’s statement that Obama will delay executive action until after the summer is consistent with that bipartisan tone. It also allows President Obama to appear to be working with Republicans on reform while leaving his policy options open prior to the 2014 elections. 

There is no doubt that President Obama’s attitude is better than blaming Republicans for all immigration problems and is more likely to motivate House Republicans to pass some kind of reform, but the mere mention of executive action only deepens the distrust that many Republicans have for the president – not to mention the many legal issues it raises.  Republicans are justifiably concerned that President Obama may not enforce any immigration law that is passed or may change it with executive actions. 

The Obama administration has consistently piled on more complex rules and regulations for the H-2A, H-2B, and H-1B work visas (with some exceptions that will actually liberalize the system) that make the legal migration system difficult to use.  A new guest worker visa program created by Congress could be similarly stymied by rules and regulations promulgated by executive agencies. Some Republicans also complain about the president’s deportation policy.  These are real concerns that are not mitigated by the president’s threats.   

Many of President Obama’s adjustments to immigration enforcement have been disappointing and haven’t legalized as many unlawful immigrants as they could have. The president’s record on enforcing our harsh immigration laws is strict in contrast to his rhetoric and the stated goals of his executive actions.

However, only legislation can create a guest worker visa program and expand legal immigration enough to channel future immigrants into the legal market. Whatever executive actions the president decides to take, they will deal with problems that have emerged due to our restrictive immigration system that makes it virtually impossible for low and mid-skilled workers to immigrate. Expanding the scale and scope of immigration while diminishing the intensive regulatory oversight role of the federal government is a long-term solution in contrast to an executive action that is temporary at worst and at best seeds legal uncertainty.