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Tips for Surviving in a Time of Immigration Uncertainty
By Dan Berger and Stephen Yale-Loehr
Mar. 7, 2017
We planned to write a blog about the revised travel ban Executive Order as soon as it came out. That the revised order was delayed for several weeks until March 6 highlights the uncertainty we face in 2017. Below we try to answer various questions we regularly receive about immigration issues.
We expect that court challenges will continue. The ban still focuses on six predominently Muslim countries, which some see as a religious-based action. There are still arguments about the negative effects on U.S. business and academic programs.
 Dan Berger (firstname.lastname@example.org) is a partner at Curran & Berger, LLP in Northampton, MA. He has been a Senior Editor of the American Immigration Lawyers Association (AILA)’s Immigration and Nationality Law Handbook (now Immigration Practice Pointers) since 2000. Dan was editor-in-chief of AILA’s Immigration Options for Academics and Researchers (2005 and 2011 editions), and various other AILA publications.
Stephen Yale-Loehr (email@example.com) is co-author of Immigration Law and Procedure, the leading 21-volume immigration law treatise. He also teaches immigration law at Cornell Law School and practices immigration law at Miller Mayer LLP in Ithaca, NY. He graduated from Cornell Law School in 1981 cum laude, where he was Editor-in-Chief of the Cornell International Law Journal. He received AILA’s Elmer Fried award for excellence in teaching in 2001, and AILA’s Edith Lowenstein award for excellence in the practice of immigration law in 2004.
 The new executive order is at https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states (Mar. 6, 2017).
 INA § 264(e) provides: “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.” 8 C.F.R. § 264.1(b) lists the acceptable types of “registration” document that must be carried.
 The DHS memos and accompanying fact sheets and Q&As are at https://www.dhs.gov/executive-orders-protecting-homeland.
 For an article discussing whether expedited removal is constitutional, see David Savage, Trump’s fast-track deportations face legal hurdle: Do unauthorized immigrants have a right to a hearing before a judge?, Mar. 3, 2017, http://www.latimes.com/politics/la-na-pol-deport-legal-20170302-story.html.
 For general information on the rights of travelers regarding social media accounts and electronic devices, see https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us. For an interesting NPR piece on this issue, see http://www.wbur.org/hereandnow/2017/02/16/border-agent-unlock-phone.
 https://www.washingtonpost.com/opinions/the-evidence-for-trumps-travel-ban-simply-isnt-there/2017/02/27/90e228ac-fd36-11e6-8f41-ea6ed597e4ca_story.html; http://wapo.st/2mZbkx8.
https://www.washingtonpost.com/graphics/national/visas-impact/; https://www.bloomberg.com/news/articles/2017-01-31/trump-s-immigration-ban-could-cost-u-s-colleges-700-million; immigrationimpact.org.
 https://www.ice.gov/ero/enforcement/sensitive-loc; https://www.dhs.gov/news/2017/02/21/qa-dhs-implementation-executive-order-border-security-and-immigration-enforcement (Question 28).