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Immigration: The #MuslimBan, The Court’s Stay, What Next?

Most Frequent Questions We’re Getting, The Court’s Stay, and Our Answers

1) Q:  Are U.S. citizens being affected at all?

A: No, as the EO is currently written, U.S. citizens per se are not affected. However, the EO can potentially affect a U.S. citizen with dual citizenship with one of the listed countries. If citizens are detained at entry ports, they have a right to an attorney and a right not to answer questions by the Customs and Border Patrol.

2) Q: Will more countries be added?

A: More countries can be added, but the administration has not stated whether any will be added.

3) Q: What does the federal court’s “stay” even mean?

A: It is a court holding on the EO, making it unenforceable for the moment.  According to the ACLU, their case will be heard in late Feb.

4) Q: Why is the court’s stay temporary?

A:  In the US, the judiciary determines the law. The stay is temporary until the judiciary determines whether the EO is constitutional in part or in whole. This will likely be determined ultimately by the US Supreme Court in due course.

5) Q: How do we make the stay permanent?

A: Because the stay was issued through a judicial decree, only the judiciary can make the stay permanent.

6) Q: How do we overturn the order completely?

A: The EO can be overturned either through the judiciary or through a  vote by Congress.  If the judiciary upholds the EO, then the only other option is seeing if Congress can overturn it.

To consult an immigration attorney, please contact us now.

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