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Old Jan 30, 2017, 3:03 pm
  #121  
 
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Originally Posted by Boggie Dog
The United States has an obligation to its citizens to vet non-citizens before allowing them into the country. If the current vetting process is weak then steps should be taken to make sure we know who is crossing our border. I don't see any problem with taking those steps.
Yeah, that isn't what's happening here.

Originally Posted by Boggie Dog

A non-citizen has no right to enter the U.S. even if the rules change at the last second.
Yeah they do.
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Old Jan 30, 2017, 3:04 pm
  #122  
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Originally Posted by Katamarino
You're clearly not aware that dual-nationals of the seven countries on the list, and indeed anyone at all who has visited said countries in recent years, is already banned from the VWP.
I think you may have misread the OP, who is a well-respected member of this forum and appears to have a great deal of professional expertise on visa and consular matters. He was saying that those dual blacklist-VWP citizens (some of whom would very much like to renounce the blacklist nationality but cannot do so) who complied with the late Obama-era requirement to report to their nearest US embassy to obtain tourist visas now find those visas they may have made substantial effort to attain null and void.

In order to heed the moderator's warning to keep this thread as free of "OMNI/PR" discourse as possible I tried to construct a hypothetical story about dual citizens of the US and Lalaland applying for visas to be able to enjoy the right to travel to Zootopia that their fellow citizens enjoy, but it got way too convoluted so I'll simply leave you the explanation above. It's been a long week...
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Old Jan 30, 2017, 3:05 pm
  #123  
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Anyone know if passengers affected by the executive order including Green Cards are now being denied boarding at the point of origin by the airlines? Seems like nobody else will be detained because nobody else will be able to get on flights to the US. I doubt the airlines want to assume the financial risk of letting someone on the plane with a high probability of being deported going forward.
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Old Jan 30, 2017, 3:05 pm
  #124  
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Originally Posted by Katamarino
You're clearly not aware that dual-nationals of the seven countries on the list, and indeed anyone at all who has visited said countries in recent years, is already banned from the VWP. President Obama signed bill HR158 into law over a year ago, to create said ban. The list that Trump has applied his order to is the list that was created and used by the Obama administration.
Welcome to FlyerTalk, Katamarino!

Looking at HR 158 <https://www.congress.gov/bill/114th-congress/house-bill/158/text>, I don't see any countries mentioned besides Iraq and Syria.
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Old Jan 30, 2017, 5:25 pm
  #125  
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Originally Posted by Katamarino
You're clearly not aware that dual-nationals of the seven countries on the list, and indeed anyone at all who has visited said countries in recent years, is already banned from the VWP. President Obama signed bill HR158 into law over a year ago, to create said ban. The list that Trump has applied his order to is the list that was created and used by the Obama administration.
The above words are inaccurate in multiple ways.

I clearly am aware of many such dual-nationals who had to get visas because of the VWP limitation or otherwise would have had to do so.

The list of countries (so far) may be somewhat common but what has gone on in recent days is very different than what has gone on before, as the fact checking showed -- even as that too fell short of being as complete and wholly accurate as I would like. The orders and policies and practices were not the same in recent days as they were last year. I know, unfortunately too well.

The US detaining or denying entry/travel to recognized US green card holders/LPRs for no reason other than the persons being citizens of one of the blacklisted countries? That was not being done before a few days ago, at least not at any point between 1981 (or even probably years and years before 1981) and January 26, 2017.

Last edited by GUWonder; Jan 31, 2017 at 6:03 am
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Old Jan 30, 2017, 5:37 pm
  #126  
 
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Originally Posted by lonelycrowd
If I were a billionaire, or indeed simply very rich, I'd seriously consider chartering a jet full of refugees (and invite a few journalists along for the ride) to one of the general aviation airports served by CBP on Massachusetts soil right now.
Well with the $24 million in donations ACLU received this weekend, that might be a creative way of getting people in. I would personally use a charter airline with widebody aircrafts.
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Old Jan 30, 2017, 5:55 pm
  #127  
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Originally Posted by jmw
Anyone know if passengers affected by the executive order including Green Cards are now being denied boarding at the point of origin by the airlines? Seems like nobody else will be detained because nobody else will be able to get on flights to the US. I doubt the airlines want to assume the financial risk of letting someone on the plane with a high probability of being deported going forward.
Airlines have complained about the situation being confusing/confused. And when confusion reigns, the outcomes aren't consistently good for passengers, nor even for the airlines.
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Old Jan 30, 2017, 6:14 pm
  #128  
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Acting US Attorney General refusing to defend the order:

Acting Attorney General Sally Yates has ordered Justice Department lawyers not to defend challenges to President Trump’s immigration order temporarily banning entry into the United States for citizens of seven Muslim-majority countries and refugees from around the world, declaring in a memo Monday she is not convinced the order is lawful.

Yates wrote that, as the leader of the Justice Department, she must ensure the department’s position is both “legally defensible” and “consistent with this institution’s solemn obligation to always seek justice and stand for what is right.
https://news.google.com/news/amp?cau...n%2F#pt0-64938
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Old Jan 30, 2017, 8:04 pm
  #129  
 
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Originally Posted by GUWonder
Acting US Attorney General refusing to defend the order:
And she has been fired. Interesting times indeed.
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Old Jan 30, 2017, 8:30 pm
  #130  
 
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Originally Posted by tanja
I am not a citizen. But I hold a resident card since 1994. So I would have no right to enter the USA? My home is here. Everything I own is here.
While I completely agree with you. This is one of the big reasons you should become a citizen if you think your going to be spending the rest of your life somewhere.
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Old Jan 30, 2017, 8:33 pm
  #131  
 
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Originally Posted by Boggie Dog
<deleted by moderator>

A non-citizen has no right to enter the U.S. even if the rules change at the last second.

<deleted by moderator>
I could be wrong but I don't think thats completely true. I believe Canadian and UK citizens with the Bermudan belonger status do have the right to short transit through the US and its possible they could be dual citizens (admittedly this isn't much an issue anyway as worst case CBP can just escort you to your next flight). It makes sense though, especially for British Bermudans who would literally be stuck on island some times of the year.
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Old Jan 30, 2017, 8:49 pm
  #132  
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I have to wonder if there are any Mexican born persons who meet both of the following conditions: a tribal citizenship that grants them treaty rights to cross into the US (even as a non-US national), and a father from say Iran.

Originally Posted by Boggie Dog

A non-citizen has no right to enter the U.S. even if the rules change at the last second.
The US has various legally binding agreements -- some of which are public while others are not public -- that do grant some categories of non-US-citizens a right to enter the US.

I won't go into this more than this, but for an individual who fell into a "banned" class, one work around being pursued was to change the person's assignment to get them back into the US under a special category applicable to the new assignment.

Last edited by GUWonder; Jan 30, 2017 at 9:06 pm
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Old Jan 30, 2017, 9:04 pm
  #133  
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Exclamation Moderator's Note:

OK, we are once again venturing into OMNI/PR territory.

There is are several active threads there discussing the political aspects of this topic. Please discuss anything to do with the firing of the Acting Attorney General there:
Access to OMNI/PR is limited to FlyerTalk members who have been on FT for 180 days and have made 180 posts.

Thank you,

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Travel Safety/Security co-moderator

Last edited by TWA884; Jan 31, 2017 at 9:00 am Reason: Clarify
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Old Jan 30, 2017, 10:35 pm
  #134  
 
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Originally Posted by tanja
I am not a citizen. But I hold a resident card since 1994. So I would have no right to enter the USA? My home is here. Everything I own is here.
The law spells out your rights, and they're pretty broad. A permanent resident who has been out for less than 6 months is not supposed to be thought of as applying for entry on their return - you're returning basically by right, as I understand it, unless you've messed up your status some way or other - for example, become Prime Minister of a foreign country.

But the USA allows dual nationality. Are you Swedish? A quick check says Sweden allows dual nationality. If you can be a dual national it might not be a bad idea to apply for U.S. citizenship; you wouldn't lose your native country citizenship.
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Old Jan 31, 2017, 5:51 am
  #135  
 
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If anyone has any specific news (not speculation) on how the travel ban will apply to visa holders (not LPRs) such as students, people on work visas, etc., it would be appreciated as there are people who actually need practical advice and info.
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