Donald Trump |
This development is following the Executive Order signed on Friday by President Donald Trump.
A
critical analysis by Naij.com shows that Nigerians who hold dual
nationality will be affected if their other passport is from Syria,
Iraq, Iran, Sudan, Libya, Somalia and Yemen — the seven Muslim-majority
countries “of concern”.
Nigeria currently only issues one-year
multiple-entry visa to Americans, which is a non-reciprocation of the
two-year visa the country issues to Nigerians.
Section
9 of the Executive Order states: “The Secretary of State shall review
all nonimmigrant visa reciprocity agreements to ensure that they are,
with respect to each visa classification, truly reciprocal insofar as
practicable with respect to validity period and fees, as required by
sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other
treatment.
If a country does not treat United States
nationals seeking nonimmigrant visas in a reciprocal manner, the
Secretary of State shall adjust the visa validity period, fee schedule,
or other treatment to match the treatment of United States nationals by
the foreign country, to the extent practicable…”
By
this provision, except the federal government quickly moves to extend
the validity of Nigerian visa to Americans, Nigerians too will be issued
with one-year visas.
Nigeria is also not reciprocating the fees charged by the American government — despite shorter visa validity.
While the US charges Nigerians $160 for a typical visit visa, Nigeria charges $180, in addition to a $35 “processing fee”.
The
section on dual nationality involving seven Muslim-majority countries
is not expected to affect a significant number of Nigerians because a
second citizenship of Syria, Iraq, Iran, Sudan, Libya, Somalia and Yemen
is not common.
However, Nigerians who have
been to Syria, Iraq, Iran, Sudan, Libya, Somalia and Yemen in recent
times may be subjected to extra immigration control with possible
deportation.
The Executive Order partly reads:
PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES
By
the authority vested in me as President by the Constitution and laws of
the United States of America, including the Immigration and Nationality
Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United
States Code, and to protect the American people from terrorist attacks
by foreign nationals admitted to the United States, it is hereby ordered
as follows:
Section 1. Purpose. The
visa-issuance process plays a crucial role in detecting individuals with
terrorist ties and stopping them from entering the United States.
Perhaps in no instance was that more apparent than the terrorist attacks
of September 11, 2001, when State Department policy prevented consular
officers from properly scrutinizing the visa applications
of several of the 19 foreign nationals who went on to murder nearly
3,000 Americans. And while the visa-issuance process was reviewed and
amended after the September 11 attacks to better detect would-be
terrorists from receiving visas, these measures did not stop attacks by
foreign nationals who were admitted to the United States.
Numerous
foreign-born individuals have been convicted or implicated in
terrorism-related crimes since September 11, 2001, including foreign
nationals who entered the United States after receiving visitor,
student, or employment visas, or who entered through the United States
refugee resettlement program. Deteriorating conditions in certain
countries due to war, strife, disaster, and civil unrest increase the
likelihood that terrorists will use any means possible to enter the
United States. The United States must be vigilant during the
visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.
In
order to protect Americans, the United States must ensure that those
admitted to this country do not bear hostile attitudes toward it and its
founding principles. The United States cannot, and should not, admit
those who do not support the Constitution, or those who would place
violent ideologies over American law. In addition, the United States
should not admit those who engage in acts of bigotry or hatred
(including “honor” killings, other forms of violence against women, or
the persecution of those who practice religions different from their
own) or those who would oppress Americans of any race, gender, or sexual
orientation.
Sec. 2. Policy. It is the
policy of the United States to protect its citizens from foreign
nationals who intend to commit terrorist attacks in the United States;
and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.
Sec. 3. Suspension of Issuance of Visas
and Other Immigration Benefits to Nationals of Countries of Particular
Concern. (a) The Secretary of Homeland Security, in consultation with
the Secretary of State and the Director of National Intelligence, shall
immediately conduct a review to determine the information needed from
any country to adjudicate any visa, admission, or other benefit under
the INA (adjudications) in order to determine that the individual
seeking the benefit is who the individual claims to be and is not a
security or public-safety threat.
(b)
The Secretary of Homeland Security, in consultation with the Secretary
of State and the Director of National Intelligence, shall submit to the
President a report on the results of the review described in subsection
(a) of this section, including the Secretary of Homeland Security’s
determination of the information needed for adjudications and a list of
countries that do not provide adequate information, within 30 days of
the date of this order. The Secretary of Homeland Security shall provide
a copy of the report to the Secretary of State and the Director of
National Intelligence.
(c) To
temporarily reduce investigative burdens on relevant agencies during the
review period described in subsection (a) of this section, to ensure
the proper review and maximum utilization of available resources for the
screening of foreign nationals, and to ensure that adequate standards
are established to prevent infiltration by foreign terrorists or
criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I
hereby proclaim that the immigrant and nonimmigrant entry into the
United States of aliens from countries referred to in section 217(a)(12)
of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests
of the United States, and I hereby suspend entry into the United
States, as immigrants and nonimmigrants, of such persons for 90 days
from the date of this order (excluding those foreign nationals traveling
on diplomatic visas, North Atlantic Treaty Organization visas, C-2
visas for travel to the United Nations, and G-1, G-2, G-3, and G-4
visas).
(d) Immediately upon receipt of
the report described in subsection (b) of this section regarding the
information needed for adjudications, the Secretary of State shall
request all foreign governments that do not supply such information to
start providing such information regarding their nationals within 60
days of notification.
(e)
After the 60-day period described in subsection (d) of this section
expires, the Secretary of Homeland Security, in consultation with the
Secretary of State, shall submit to the President a list of countries
recommended for inclusion on a Presidential proclamation that would
prohibit the entry of foreign nationals (excluding those foreign
nationals traveling on diplomatic visas, North Atlantic Treaty
Organization visas, C-2 visas for travel to the United Nations, and G-1,
G-2, G-3, and G-4 visas) from countries that do not provide the
information requested pursuant to subsection (d) of this section until
compliance occurs.
(f) At any point
after submitting the list described in subsection (e) of this section,
the Secretary of State or the Secretary of Homeland Security may submit
to the President the names of any additional countries recommended for
similar treatment.
(g) Notwithstanding a
suspension pursuant to subsection (c) of this section or pursuant to a
Presidential proclamation described in subsection (e) of this section,
the Secretaries of State and Homeland Security may, on a case-by-case
basis, and when in the national interest, issue visas or other
immigration benefits to nationals of countries for which visas and
benefits are otherwise blocked.
(h) The
Secretaries of State and Homeland Security shall submit to the President
a joint report on the progress in implementing this order within 30
days of the date of this order, a second report within 60 days of the
date of this order, a third report within 90 days of the date of this
order, and a fourth report within 120 days of the date of this order.
Sec.
4. Implementing Uniform Screening Standards for All Immigration
Programs. (a) The Secretary of State, the Secretary of Homeland
Security, the Director of National Intelligence, and the Director of the
Federal Bureau of Investigation shall implement a program, as part of
the adjudication process for immigration benefits, to identify
individuals seeking to enter the United States on a fraudulent basis
with the intent to cause harm, or who are at risk of causing harm
subsequent to their admission.
This program will include the development of a
uniform screening standard and procedure, such as in-person interviews; a
database of identity documents proffered by applicants to ensure that
duplicate documents are not used by multiple applicants; amended
application forms that include questions aimed at identifying fraudulent
answers and malicious intent; a mechanism to ensure that the applicant
is who the applicant claims to be; a process to evaluate the applicant’s
likelihood of becoming a positively contributing member of society and
the applicant’s ability to make contributions to the national interest;
and a mechanism to assess whether or not the applicant has the intent to
commit criminal or terrorist acts after entering the United States.
(b)
The Secretary of Homeland Security, in conjunction with the Secretary
of State, the Director of National Intelligence, and the Director of the
Federal Bureau of Investigation, shall submit to the President an
initial report on the progress of this directive within 60 days of the
date of this order, a second report within 100 days of the date of this
order, and a third report within 200 days of the date of this order.
Sec.
5. Realignment of the U.S. Refugee Admissions Program for Fiscal Year
2017. (a) The Secretary of State shall suspend the U.S. Refugee
Admissions Program (USRAP) for 120 days. During the 120-day period, the
Secretary of State, in conjunction with the Secretary of Homeland
Security and in consultation with the Director of National Intelligence,
shall review the USRAP application and adjudication process to
determine what additional procedures should be taken to ensure that
those approved for refugee admission do not pose a threat to the
security and welfare of the United States, and shall implement such
additional procedures. Refugee applicants who are already in the USRAP
process may be admitted upon the initiation and completion of these
revised procedures. Upon the date that is 120 days after the date of
this order, the Secretary of State shall resume USRAP admissions only
for nationals of countries for which the Secretary of State, the
Secretary of Homeland Security, and the Director of National
Intelligence have jointly determined that such additional procedures are
adequate to ensure the security and welfare of the United States.
(b)
Upon the resumption of USRAP admissions, the Secretary of State, in
consultation with the Secretary of Homeland Security, is further
directed to make changes, to the extent permitted by law, to prioritize
refugee claims made by individuals on the basis of religious-based
persecution, provided that the religion of the individual is a minority
religion in the individual’s country of nationality. Where necessary and
appropriate, the Secretaries of State and Homeland Security shall
recommend legislation to the President that would assist with such
prioritization.
(c) Pursuant to section
212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of
nationals of Syria as refugees is detrimental to the interests of the
United States and thus suspend any such entry until such time as I have
determined that sufficient changes have been made to the USRAP to ensure
that admission of Syrian refugees is consistent with the national
interest.
(d) Pursuant to section 212(f)
of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more
than 50,000 refugees in fiscal year 2017 would be detrimental to the
interests of the United States, and thus suspend any such entry until
such time as I determine that additional admissions would be in the
national interest.
(e) Notwithstanding
the temporary suspension imposed pursuant to subsection (a) of this
section, the Secretaries of State and Homeland Security may jointly
determine to admit individuals to the United States as refugees on a
case-by-case basis, in their discretion, but only so long as they
determine that the admission of such individuals as refugees is in the
national interest — including when the person is a religious minority in
his country of nationality facing religious persecution, when admitting
the person would enable the United States to conform its conduct to a
preexisting international agreement, or when the person is already in
transit and denying admission would cause undue hardship — and it would
not pose a risk to the security or welfare of the United States.
(f)
The Secretary of State shall submit to the President an initial report
on the progress of the directive in subsection (b) of this section
regarding prioritization of claims made by individuals on the basis of
religious-based persecution within 100 days of the date of this order
and shall submit a second report within 200 days of the date of this
order.
(g) It is the policy of the
executive branch that, to the extent permitted by law and as
practicable, State and local jurisdictions be granted a role in the
process of determining the placement or settlement in their
jurisdictions of aliens eligible to be admitted to the United States as
refugees. To that end, the Secretary of Homeland Security shall examine
existing law to determine the extent to which, consistent with
applicable law, State and local jurisdictions may have greater
involvement in the process of determining the placement or resettlement
of refugees in their jurisdictions, and shall devise a proposal to
lawfully promote such involvement.
naij
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