The Immigration Blog

About an Ever-Confusing American System

Category: Consulate

Temporary Pause? Court Temporarily Halts Certain Trump Immigration Orders

Last week, Baurkot & Baurkot reported of the White House Executive Orders that restricted the ability of individuals across the globe to enter the United States. On Tuesday, February 3, 2017, the United States District Court for the Western District of Washington entered an order temporarily halting the implementation of several provisions of the Executive Order. The order takes an approach that extends its reach across the United States. The Order is, however, only temporary.

The Court order provides that the United States Government:

  • must not stop the entry of ALL immigrants and ALL non-immigrants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen (note that Customs & Border Protection still has broad, discretionary authority to deny entry at any point of entry);
  • must stop prioritizing refugee claims made by individuals on the basis of religion for those who are of the minority religion of their home country; and
  • must resume the United States Refugee Admissions Program.

This Order is temporary—a pause, at most. Further, it does little to quell the great and growing uncertainty with respect to the American Immigration system. The White House responded in assuring an aggressive, quick, and proactive response and has already vowed to seek review of the District Court Order before the Ninth Circuit Court of Appeals. Given this, what is to occur next may very well occur shortly.

With the continued uncertainty of the American Immigration system, rest assured that the Attorneys at Baurkot & Baurkot are prepared and stand at the forefront of the debate, discussion, representation, and litigation. The Baurkot Immigration Team is continually monitoring developments and making necessary adjustments to ensure all clients—present and future—are protected.

Stay Tuned. This is only a short, short pause.

To read the Federal District Court temporary restraining order, please click here. To discuss your options, contact Baurkot & Baurkot.

What Types of Protection Can a U.S. Embassy or Consulate Provide?

Though safety is a primary concern for most individuals, it is not always possible during moments of political, social or religious unrest. Fortunately, the U.S. government provides protections to certain individuals who are considered in danger or threatened while living in a foreign country. To be qualified for these safeguards, you must meet a set of criteria related to the different types of protections offered by a U.S. embassy or consulate.

Temporary refuge

Individuals who are seeking protection for a specific, limited period of time may apply for temporary refuge. This type of U.S. protection is for those at risk of extreme physical danger. Such danger could include circumstances that could lead to death, critical injury or persecution. Temporary refuge is typically only afforded to those in the most life-threatening circumstances.

Those granted this type of protection may seek shelter inside a U.S. embassy or consulate during any point of the day. It is important to know that temporary refuge does not mean leaving a foreign country or coming to the United States.

Referrals to other agencies

Another type of protection that may be provided by a U.S. embassy or consulate is a referral to the U.S. Refugees Admissions Program. This program calls on other government agencies to review the individual’s files and to determine whether he or she may qualify as a refugee. Such decisions are typically referred to the U.S. Department of Homeland Security (DHS), though the embassy or consulate may be the first point of contact.

Once a referral is complete, you may be considered as an applicant for refugee status. If you qualify as a refugee and wish to claim refugee status, you will be required to relocate to the United States for your protection. In some cases, financial support may be available in helping you leave your current country.

Parole to the U.S.

For individuals who are not eligible for the previous protections and cannot come to the United States in other ways, parole may be an option. Parole is commonly utilized in situations where a person’s health, family or security are at extreme risk. It may also be used in cases where national security is an issue. When parole is granted, an individual is allowed to enter into the United States and live within the country’s borders for a limited period of time.

Distinguishing the parameters of these protections and determining eligibility can be complex. If you would like to seek protection at a U.S. embassy or consulate, the first step is to work with an experienced attorney. Speak with a trusted Pennsylvania immigration lawyer today by contacting Baurkot & Baurkot.