Understanding the Muslim Bans

**Current as of February 1,2018 **

The Muslim Bans are a series of discriminatory executive orders and proclamations that the Trump administration has implemented. The first version, Muslim Ban 1.0, was signed and went into effect on 1/27/2017. Within a day of this first executive order being signed, thousands of individuals across the country rushed to the airports in protest, and significant portions of it were immediately blocked by the federal courts. The administration has continued to issue multiple versions of the Muslim Ban, significant portions of which have been temporarily blocked by the
federal courts because they are blatantly anti-Muslim, unconstitutional, and an abuse of the President’s power. The fight to challenge the most recent Muslim Bans continues.

Beyond the Ban: Other Discriminatory Policies Against Muslims

Despite intense opposition and criticism from the public, allied legislators, and the federal courts, the Trump administration has also pushed forward other discriminatory policies that share the same goal as the Muslim Bans and target Muslims and other immigrants and communities of Color.

Extreme Vetting (or the Backdoor Muslim Ban) – On 3/15/2017, the Secretary of State called for enhanced screening of nationals of the six countries included in Muslim Ban 2.0. On 5/23/2017, the Office of Management and Budget approved discretionary use of “extreme vetting” questions, including inquiries into social media accounts and extensive biographical and travel information from the last 15 years. Impacts of the policy include a dramatic decline in visa applications; further delays in visa issuance to nationals of Muslim-majority countries targeted by the Muslim Bans; and discriminatory practices while issuing visas.

Ending Temporary Protection Status (TPS) for Sudan and limiting it for Syrians – On 9/19/2017, a few days before Sudan was removed from Muslim Ban 3.0, the Trump administration announced an end to TPS for Sudan, effective 11/2/2018. Sudanese TPS holders may be forced to return to a country that is still unstable. On 1/31/2018, TPS for Syrians was extended, but only for those who had already applied for the program, denying protection to Syrians arriving more recently, despite the fact that they fled the same dangerous conditions.

Slashing Legal Immigration and Cutting Diversity in our Immigration System – On 2/7/2017, Senator Cotton (R-AK) and Senator Purdue (RGA) introduced a bill that would cut green cards by more than half and end our family-based immigration system. If passed, the Reforming American Immigration for Strong Employment (RAISE) Act, would cut current levels of legal immigration by over 50%, and eliminate the Diversity Visa Lottery Program, which provides opportunities for countries that send few immigrants – often those with a majority of Muslim and/or Black populations – to apply for a green card. These anti-family, anti-black proposals are also actively promoted by the White House.

Slashing Annual Refugee Admissions – On 9/27/2017, the Trump administration drastically lowered the annual refugee admission cap from 110,000 to 45,000, the lowest cap since 1980, and Muslim Ban 4.0 specifically targets countries that account for approximately 80% of all Muslim refugees resettled in the U.S. in the past two years. In addition, refugees are being processed at such a slow rate that the program is currently on track to resettle fewer than 50% of the new annual cap, effectively reducing the admission of refugees to a mere trickle.

* The information provided in this document is just a basic summary and is not legal advice. Every person’s situation is different. For legal advice please contact an attorney. For any information regarding the Muslim Bans please contact Subha Varadarajan, Muslim Ban Legal and Outreach Fellow: A project of Advancing Justice-Asian Law Caucus, CAIR San Francisco Bay Area, and National Immigration Law Center at varadarajan@nilc.org *

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What’s in Each Version of the Muslim Ban?

DOWNLOAD THIS TABLE: Whats in Each Version of the Muslim Ban

*** Current as of February 1, 2018 ***

Ban #Date IssuedTargeted Populations1Impact on RefugeesDurationKey Court ActionsCurrent Status
1.01/27/17All nationals from Iran, Iraq,
Libya, Somalia, Sudan,
Syria, and Yemen, and all
refugees
Halted entire program90 days for all nationals
(not dual citizens) of
targeted countries; 120
days for refugees;
indefinite for Syrian
refugees
On 2/9/17, the Ninth
Circuit held that the
Ban should be blocked
Revoked by Muslim Ban 2.0 on
3/6/2017
2.03/6/17All refugees and nationals
from Iran, Libya, Somalia,
Sudan, Syria, and Yemen
Halted entire program90 days for all nationals
of targeted countries,
120 days for all refugees
On 6/26/17, the
Supreme Court
(SCOTUS) allowed
part of the ban to go
into effect, applying it
to those lacking a bona
fide relationship2 to the
U.S.
On 9/24/17, the Ban on nationals
from the targeted countries expired
and on 10/24/17, the Ban on
refugees expired. SCOTUS
dismissed the cases challenging the
ban as moot.
3.09/24/17Most or all nationals from
Chad, Iran, Libya, North
Korea, Somalia, Syria, and
Yemen and government
officials from Venezuela and
their families
N/AIndefiniteOn 12/4/2017,
SCOTUS allowed the
ban to go into full
effect until SCOTUS
enters a judgment on
the case
On 1/19/2018, SCOTUS granted
certiorari to review Hawaii v.
Trump. The Fourth Circuit Court of
Appeals, who heard the case IRAP
v. Trump on 12/8/17, has not issued
a decision. The ban remains in full
effect pending a SCOTUS decision.
4.010/24/17All refugees from Egypt,
Iran, Iraq, Libya, Mali, North
Korea, Somalia, Sudan,
South Sudan,
Syria, Yemen and certain
stateless individuals
Halted program for
targeted populations
and extreme vetting
measures for all other
refugees
90 day ban for all
nationals from targeted
countries, indefinite ban
for follow to join
relatives
On 12/23/17, the
District Court in Seattle
issued a preliminary
injunction for refugees
that have a bona fide
relationship to the U.S.
Preliminary injunction in effect,
pending higher court review

1 In theory, waivers may be granted under circumstances set in each Executive Order or Proclamation.

2 As of December 1, 2017, close familial relationship in the U.S or a formal documented relationship with a U.S entity. Familial relationship includes parents (including in-laws and step- parents), spouses, fiancées, children (including step children), siblings (including step and half-siblings), grandparents, grandchildren, aunts, uncles, nieces, nephews, and cousins. Formal documented relationship between students and universities; workers and companies; and lecturer invited to speak; among other examples are required.

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