President Trump reissued his Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into The United States.” This act shall take effect on March 16, 2017. This Executive order will ban nationals from six designated countries -- Syria, Iran, Libya, Sudan, Yemen, and Somalia. Natives from these countries are banned for at least 90 days. Unlike the previous Executive Travel Order, natives from Iraq are exempt. Additionally, the order will put a halt on The United States Refugee Program (USRAP) for 120 days.
The Order is reintroducing in-person interviews for visa processing. This means that all individuals whose visas expired will need to apply for a visa and have an interview at a U.S. consulate instead of mailing their application or petitions.
However, those who already have been issued a valid visa are not affected by this order. The order precludes consulates from issuing a visa to natives of those six countries listed above. Many countries do not provide birth right citizenship. Therefore, if a person was born in Sweden but his parents are Iranian, he or she may be subject to the ban.
The ban does not affect dual citizens as long as they are traveling on a passport that is not subject to the ban. In other words, if a citizen is a national of Iran and Sweden he must travel on his Swedish passport to the United States. The ban no longer sets forth vetting procedures based off religion.
Your Rights While Traveling Though A Port of Entry
American citizens may be subject to questioning, but as an American citizen, you must be admitted into the country. When entering the United States, once you go through primary inspection -- the main booth that everyone goes through -- you should answer routine questions truthfully and make all required declarations.
However, if you are selected for secondary questioning, it may be to your advantage to refuse to answer further questions. You are not obligated to answer questions regarding your religious and political beliefs. If you are an American citizen and find yourself detained for secondary questioning, it may be to your advantage to say the following:
1. I’m An American Citizen;
2. I have identified myself;
3. I would like to reach your supervisor;
4. I feel that I have been wrongly profiled;
5. I would like to speak with an attorney.
The fourth amendment prohibits unreasonable search and seizures. Therefore, government must show probable cause before they can conduct a search where there is a reasonable expectation of privacy. However, a search at a port where foreigners can enter and leave the United States may be considered as “reasonable”. Furthermore, the Government has a compelling interest in protecting its borders. Thus, government authorities may search your electronic devices at the Border or a Port of Entry. The agencies may keep your belongings for a brief reasonable amount of time for inspection. However, you are not obligated to provide your passwords to your electronic devices, your social media password or social media usage. Only a judge can force you to reveal information to the government, and this limited to the by your 5th amendment right against self-incrimination.
It may be in your best interest that when traveling to the United States to avoid taking your normal phone. Travelers may find it easier to take a temporary phone for their travel. Just get a GSM compatible phone and transfer your sim card to your phone that you are traveling with.
Beyond seizing your electronic device at a Port of Entry, the government may take your device away from the current location to do a further examination elsewhere. The government has a great deal of discretion in carrying out searches. Non-citizens who refuse to cooperate may be denied admission into the country. When there is a reasonable belief that your belongings are going to be search, do not take any steps in destroying data or obstructing the investigation. It is important to write the agents identifying information and if need be file a complaint or consult a lawyer to redeem your belongings.
Illinois Law Blog: Learn About Law
O’Flaherty Law is based in Downers Grove, Elmhurst, and Naperville, Illinois. Our team has expertise in many areas of law including but not limited to bankruptcy law, business & corporate representation, civil litigation, criminal defense, estate planning, divorce & family law, immigration; probate, guardianship & elder law; and real estate law. If you have any questions or would like to schedule a free consultation, please e-mail us at firstname.lastname@example.org or call us at (630)324-6666.
Where You Can Read Us
O'Flaherty Law has experience in legal services in the following legal practice areas: estate planning and probate; featuring wills and trusts, powers of attorney, living wills, estate tax avoidance and probate practice; real estate law; featuring commercial and residential sales and leases, foreclosure defense, short sales, REO closings and consent foreclosures, mechanic's liens and landlord and tenant disputes; family law; featuring divorces, child custody, child support, paternity, adoption and orders of protection; criminal law; featuring DUI, traffic and criminal defense; business representation; featuring entity selection, incorporation and s-corp election, bylaws and operating agreements, annual reports, annual meetings of shareholders, employment agreements, handbooks and warning and termination letters, business contracts, independent contractor agreements, trademarks and copyrights, regulation and licensing compliance and dissolution and mergers; business and personal bankruptcy; featuring Chapter 7, Chapter 11 and Chapter 13 cases; litigation; featuring commercial contract and tort law, employment and labor law, personal injury and collections; and immigration law.
Located in Downers Grove, Illinois, O'Flaherty Law serves DuPage County, Will County, Cook County, Kendall County, Kane County and McHenry County in Illinois, as well as the following cities: Wheaton, Naperville, Woodridge, Downers Grove, Darien, Willowbrook, Westmont, Lisle, Oak Brook, Warrenville, Glen Ellyn, Aurora, North Aurora, Batavia, Geneva, St. Charles, Lemont, Joliet, Bolingbrook, Plainfield, Crest Hill, Lake Forest, Lake Bluff, Northbrook, Highland Park and Chicago.
© 2015 by O'Flaherty Law. All rights reserved.