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How Does Trump's Immigration Order Affect Nigerians?
Nigeria's government recently issued a travel advisory to citizens planning a US trip to exercise restraint and travel only if it is absolutely necessary. The advisory, by Abike Dabiri- Erewa, special assistant to President Buhari was purportedly issued because some Nigerians with valid US visas had been denied entry at US ports. The advisory, though countered later by the Foreign Affairs Minister, Geoffry Onyeama, on grounds that Nigeria's mission to the US has not reported such incidents to the home government, stems from the issue of US President Trump's immigration policy which remains of utmost concern to the world.
Nigerians have in recent decades constituted a large majority of African immigrants in the US and can be found in many professions and public services throughout the United States and a ban will impact their ability to travel overseas on vacation, business or simply to visit family in Nigeria. It would also impact the ability to bring one's relations over on visits or for purposes of immigration to the United States.
President Donald Trump who hit the ground running just weeks after inauguration, issued a controversial immigration executive order banning entry into America for 90 days of citizens and refugees from seven Muslim countries that stirred national protests and demonstrations. International reactions to the order and Trump's brash style of governance have been trepid. Nigerians particularly have been active in the social media analyzing and offering interpretations of the order, and circulating stories of Nigerian citizens who have fallen victims of Trump's new policy. It appears that President Trump's first policies have succeeded in spawning widespread apprehension and bitterness over his direction; and has elevated the political divide and social discontentment of Americans to a level never seen in the brand of democratic capitalism practiced by the United States of America. From the news media headlines to images of massive protests circulating on social media, sometimes tending to violence, one would think there is a major social upheaval.
The initial immigration executive order was revised in March 2017 following a series of court defeats which struck down the previous order as unconstitutional. The new order removes Iraq from the seven-nation travel ban and specifically allows all green card and current visa holders to seek entry to US.
How this travel ban affects Nigerians remains a subject of discussions in Nigerian circles. On the face of it, it should not have any impact on Nigerians travelling to the US but immigration decisions at ports of entry are often made on individual basis. While Nigeria is not included in the list of travel ban nations, Nigerians stopping over in any of the countries on the list may become subject to more stringent scrutiny on arrival in US. It does not matter that the Nigerian is also a US citizen, tourist visa holder or permanent resident (green card holder). Thus, because US citizens cannot be turned away at the port, irrespective of the crime that they are suspected of, green card holders are strongly advised to apply for citizenship for reasons of the afforded benefits.
It is also important to note that having a valid U.S. visa does not automatically confer the right of entry to an individual. A visa does indicate that a consular officer at a U.S. Embassy or Consulate abroad has determined an individual eligible to seek entry for a specific purpose. It only allows the holder to travel to a port of entry, airport or land border crossing and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the United States. DHS/CBP inspectors, guardians of the nation's borders, are responsible for admission of travelers to the United States, for a specified status and period of time. DHS also has responsibility for immigration matters while the alien is present in the United States. If someone is determined to be inadmissible the person could, in certain circumstances, be placed on removal proceedings.
A determination of inadmissibility may have an impact on future admissibility of that person and may result in the cancellation of a visa. A small percentage of Nigerians with valid U.S. visas have in the past been denied entry into US based on considerations that are not related to President Trump's executive order. The causes may vary because of the traveler's background. Such denial of entry occurs for various reasons such as if the person overstays a prior entry permit, expired documentation, conflicts with travel documentation, problems with paper work or prior entry denial. It could also be based simply on the whim of a border control officer who may make a determination that the person is inadmissible (women in advanced stage of pregnancy could be denied entry if there is no sufficient evidence of funds to cover maternity and hospitalization because they will constitute a public charge). These isolated cases will continue to occur and may not be attributable to Trump's executive order.
Note that a citizen or lawful permanent resident of the United States may file a green card Petition with U.S. Citizenship and Immigration Services (USCIS) for their Nigerian alien relative;to establish the existence of a relationship to certainalienrelatives including adopted children who wish to migrate to the United States.
Unfortunately, a guardian cannot file a proper green card petition for a child until the child is legally adopted by the guardian and have been in the guardian's legal care for two years.
Presently, Trump's administration is known to have resumed aggressive deportation of undocumented immigrants that was stalled during the Obama regime. The new wave of deportations are not just for those who have been identified as national security threats or convicted of serious criminal offenses, but extends to every undocumented immigrant. Nigerians are therefore strongly advised to carry their immigration documents on their persons at all times.
Editor's Note:
This article is not a legal opinion. Nigerians who have immigration issues or questions should consult a US immigration lawyer for proper legal advice.