Tuesday, January 31, 2017

I have been trying to avoid politics on here, but I can stay silent no longer. Many people are saying that what Trump did was legal based on a 1952 law (Immigration and Nationality Act of 1952 or McCaren-Walter Act). This law is nothing at all like what our current President has done.

In the case of Trump, he immediately banned people who were born in 7 countries (Iraq, Iran, Syria, Yemen, Sudan, Libya and Somalia) whether they have green cards, visas or American citizen children. It is interesting to note that these are Muslim countries and given that, many people are calling this a Muslim ban. This is because while campaigning,Trump called for total and complete shutdown of Muslims entering the United States.” When he was in the process of writing and signing this order, it was without the guidance of the secretary of homeland security who was on a Coast Guard plane heading back to Washington when he heard that this had been passed when someone turned on a tv.

That act established a preference system which determined which ethnic groups were desirable immigrants and placed great importance on labor qualifications. It also defined three types of immigrants: immigrants with special skills or relatives of U.S. citizens who were exempt from quotas and who were to be admitted without restrictions; average immigrants whose numbers were not supposed to exceed 270,000 per year; and refugees. This law ended Asian exclusion from immigrating to the United States and introduced a system of preferences based on skill sets and family. (https://history.state.gov/milestones/1945-1952/immigration-act)


In 1965, a new act was created, called the Hart-Celler Act which eliminated national origin, race, and ancestry as basis for immigration. For the first time, immigration from the Western Hemisphere was limited.
It added a labor certification requirement, which dictated that the Secretary of Labor needed to certify labor shortages.Refugees were given the seventh and last category preference with the possibility of adjusting their status. However, refugees could enter the United States through other means as well like those seeking temporary asylum.

The Hart–Celler Act abolished the quota system based on national origins that had been American immigration policy since the 1920s. The new law maintained the per-country limits, but it also created preference visa categories that focused on immigrants' skills and family relationships with citizens or U.S. residents. The bill set numerical restrictions on visas at 170,000 per year, with a per-country-of-origin quota. However, immediate relatives of U.S. citizens and "special immigrants" had no restrictions.[1] (https://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)

In 2015,President Obama brought his own immigration law which includes allowing the citizens of 38 countries to travel without visas and to give Americans reciprocal privileges.  The amendment removed from the Visa Waiver Program dual nationals who were citizens of four countries (Iraq, Iran, Sudan, and Syria), or anyone who had recently traveled to those countries. The Obama administration added three more to the list (Libya, Somalia, and Yemen), bringing the total to seven. But this law did not bar anyone from coming to the United States. It only required a relatively small percentage of people to obtain a visa first. And to avoid punishing people who clearly had good reasons to travel to the relevant countries, the Obama administration used a waiver provided by Congress for certain travelers, including journalists, aid workers, and officials from international organizations like the United Nations. (http://foreignpolicy.com/2017/01/30/sorry-mr-president-the-obama-administration-did-nothing-similar-to-your-immigration-ban/)

No comments:

Post a Comment