Jersey Girl wrote:Res Ipsa wrote:So, is it in the national interest that Tareq, an undergrad at San Diego State, be exempted from the revocation?
Right now, it doesn't look like it matters. According to the list of exemptions, Tareq can go pound salt for spring semester at least.
Those are the exemptions listed. There is also a catch-all provision that allows an exemption on a case by case basis if it is deemed "in the national interest."
In answer to your question about the executive order, here is the president's statutory authority to bar entry of aliens:
(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
8 U.S.C. §1182(f)
So, yes, he can extend the executive order forever if he deems it necessary.
And here is the statutory authority for the Visa revocation:
(i) After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation. Notice of such revocation shall be communicated to the Attorney General, and such revocation shall invalidate the visa or other documentation from the date of issuance: Provided, That carriers or transportation companies, and masters, commanding officers, agents, owners, charterers, or consignees, shall not be penalized under section 273(b) for action taken in reliance on such visas or other documentation, unless they received due notice of such revocation prior to the alien's embarkation. 3/ There shall be no means of judicial review (including review pursuant to section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 237(a)(1)(B) .
8 U.S.C. § 1201 (i)
Here is the regulation that governs provisional revocation of visas:
(b) Provisional revocation—(1) General. A provisional revocation is subject to reversal through internal procedures established by the Department of State. Upon reversal of the revocation, the visa immediately resumes the validity provided for on its face. Provisional revocation shall have the same force and effect as any other visa revocation under INA 221(i), unless and until the revocation has been reversed. Neither the provisional revocation of a visa nor the reversal of a provisional revocation limits, in any way, the revocation authority provided for under INA 221(i), with respect to the particular visa or any other visa.
22 CFR 41.122(b)(1)
(b) Provisional revocation. A consular officer, the Secretary, or any Department official to whom the Secretary has delegated this authority may provisionally revoke an immigrant visa while considering information related to whether a visa holder is eligible for the visa. Provisional revocation shall have the same force and effect as any other visa revocation under INA 221(i).
11 CFR 42.82
The first is for non-immigrant visas and the second is for immigrant visas.
So, after perusing the State Department website, it looks like anyone from the seven countries will, at the end of their visa period, have to return to their country of citizenship and apply for a new visa. There is a program that allows folks in the U.S. to extend their Visas while in the U.S., but it requires that they already have a valid visa. Getting a Visa requires a personal interview at the consulate. However, it looks like all such interviews have been canceled and none are being scheduled during the 90 day travel ban.
I couldn't find anything that tells folks how to apply for a reversal of the provisional revocation, but I didn't have a ton of time to spend looking.
A suspicious person would conclude that the intent here is to force all citizens of the seven countries here on visas that do not fit into the narrow list of exemptions to go home.
“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”
― Hannah Arendt, The Origins of Totalitarianism, 1951