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President Trump's executive order banning people from seven Muslim-majority countries from entering the U.S. also applies to green card holders from those countries, the Department of Homeland Security said Saturday. "It will bar green card holders," acting DHS spokeswoman Gillian Christensen told Reuters.
Green cards serve as proof of an individual's permanent legal residence in the U.S. A senior administration official clarified on Saturday afternoon that green card holders from the seven countries affected in the order who are currently outside the U.S. will need a case-by-case waiver to return to the U.S. Green card holders in the U.S. will have to meet with a consular officer before departing the country, the official said.
Source: The Hill
At least one case quickly prompted a legal challenge as lawyers representing two Iraqi refugees held at Kennedy International Airport in New York filed a motion early Saturday seeking to have their clients released. They also filed a motion for class certification, in an effort to represent all refugees and other immigrants who they said were being unlawfully detained at ports of entry. Shortly after noon on Saturday, Hameed Khalid Darweesh, an interpreter who worked on behalf of the United States government in Iraq, was released. After nearly 19 hours of detention, Mr. Darweesh began to cry as he spoke to reporters, putting his hands behind his back and miming handcuffs.
[...] Inside the airport, one of the lawyers, Mark Doss, a supervising attorney at the International Refugee Assistance Project, asked a border agent, "Who is the person we need to talk to?"
"Call Mr. Trump," said the agent, who declined to identify himself.
[...] An official message to all American diplomatic posts around the world provided instructions about how to treat people from the countries affected: "Effective immediately, halt interviewing and cease issuance and printing" of visas to the United States. Confusion turned to panic at airports around the world, as travelers found themselves unable to board flights bound for the United States. In Dubai and Istanbul, airport and immigration officials turned passengers away at boarding gates and, in at least one case, ejected a family from a flight they had boarded.
[...] Iranian green card holders who live in the United States were blindsided by the decree while on vacation in Iran, finding themselves in a legal limbo and unsure whether they would be able to return to America. "How do I get back home now?" said Daria Zeynalia, a green card holder who was visiting family in Iran. He had rented a house and leased a car, and would be eligible for citizenship in November. "What about my job? If I can't go back soon, I'll lose everything."
Source: The New York Times
(Score: 0) by Anonymous Coward on Sunday January 29 2017, @01:11AM
Why is this even legal?
If you are unwilling to give up allegiance to your old country, doesn't that call into question your allegiance to your new country? What if you are drafted to fight a war? What if both countries draft you because they are fighting each other? How can either country trust that you are not a spy?
For cases where the old country doesn't recognize renouncing citizenship or is willing to grant it back, it seems obvious that associating with the old country should be cause to invalidate the new citizenship.
(Score: 1, Interesting) by Anonymous Coward on Sunday January 29 2017, @01:33AM
What if both countries draft you because they are fighting each other? How can either country trust that you are not a spy?
Funny you should bring this up! It almost exactly what happened to Trump's grandfather!
(Score: 0) by Anonymous Coward on Sunday January 29 2017, @01:56AM
What if both countries draft you because they are fighting each other? How can either country trust that you are not a spy?
Then neither country is worth swearing allegiance to, because conscription is always completely unjust and intolerable. I would say that they should move to a free country, but sadly there are only varying degrees of oppression.
it seems obvious that associating with the old country should be cause to invalidate the new citizenship.
The government doesn't have the power to do that.
(Score: 0) by Anonymous Coward on Sunday January 29 2017, @02:53AM
We might need to pass a law of course. There is a moderately strong argument that applying this to people born in the USA could require constitutional amendment.
It's easy: somebody holding dual US/UK citizenship decides to sing God Bless The Queen, and then somebody at INS checks a box labeled "revoked". Done.
OK, maybe not for that reason, and maybe not without a chance to appeal, but pretty much that. Buying a house in the UK would certainly count. Going to school in the UK would certainly count. If you are serious about being a US citizen, you don't keep exercising the rights of your former citizenship.
(Score: 0) by Anonymous Coward on Sunday January 29 2017, @02:14AM
If you are unwilling to give up allegiance to your old country, doesn't that call into question your allegiance to your new country?
Does it really?
You can't be that naive.
People keep dual citizenship because it gives them economic benefits, not out of some question of divided patriotism.
For example, germany offers free dual citizenship to anyone who is a descendent of a holocaust victim.
Should those people be required to give up their american citizenship for that?
(Score: 0) by Anonymous Coward on Sunday January 29 2017, @02:42AM
Absolutely yes, getting German citizenship should cause loss of American citizenship.
What economic benefits do you speak of? If this is just easy travel, the problem is solvable by simplifying visa procedures. (let you reuse the forms filled out for a previous trip, etc.) If this is something more than that, then it looks like a conflict of interest. Getting benefits from a different government calls allegiance into question; you may fear loss of such benefits if you fail to serve your other master and you may feel a duty to reward your other master.
(Score: 0) by Anonymous Coward on Sunday January 29 2017, @03:28AM
Wooosh!
Clearly you are a hyper-nationalist. Good luck with that.
On second thought, no go die in a ditch.
Its guys like you who start wars.
(Score: 0) by Anonymous Coward on Sunday January 29 2017, @03:09AM
If you are unwilling to give up allegiance to your old country, doesn't that call into question your allegiance to your new country?
False equivalence. There are paramagnetic reasons for not giving up your citizenship which have nothing to do with allegiance. Being able to visit your mom and dad for example.
(Score: 1, Interesting) by Anonymous Coward on Sunday January 29 2017, @07:26AM
Unfortunately, it's settled law that the oath is a necessary part of adopting citizenship, and that it means what it says.
That includes the bit about forsaking all other allegiances. So, yeah. Retaining another citizenship by any affirmative act effectively demonstrates something that a smart lawyer could use to yank american citizenship.