Donald Trump's immigration ban: A quick guide to legal rights of those affected

• Green card holders are aliens

• Suspension of USRAP

• Syrian nationals

Representational image. AP[/caption]Alien cannot be removed/ returned to his countryRefugees have a right against ‘refoulement’, which means that the officials cannot simply send back persons who have arrived at US seeking asylum to their home countries, where such a person fears his life, persecution or torture.  All persons have the right to first challenge their removal in a court before they are sent back.  This right is granted not only under international conventions, but has also been encoded under US law in the Foreign Affairs Reform and Restructuring Act of 1998.This right is also valid for aliens who are not refugees, such as those on student or employment visas. Temporary orders in favour of the aliens have been issued by the courts in suits filed against the President’s new order. Justice Donnelly in one case has restricted the removal of the persons from these 7 countries, and also holders of valid immigrant and non-immigrant visas and individuals with approved refugee applications as a part of the USRAP. Right to apply for asylumEvery alien who has arrived in the United States has a right to apply for asylum under the US Immigration and Nationality Act. This right has not been suspended by President Trump’s order, and people arriving in US even now retain the right to seek asylum. This right is further guaranteed even to aliens as a constitutional right to Due Process under the US Constitution’s Fifth Amendment.Seek hearing from immigration judge if denied asylumThe suspension of the USRAP program and the complete ban on Syrian nationals can lead to a number of ongoing asylum applications to be denied. Even fresh asylum applications made after the new order can be denied. The important thing for an asylum seeker to remember is that he has a right to seek a hearing from an immigration judge. Not doing so will allow the asylum officer to remove him immediately.Right to an attorneyUnfortunately, aliens and refugees are not granted a right to legal assistance or to an attorney under the US Immigration and Nationality Act. However, the UN Refugee Conventions grant the right of free access to courts and to legal assistance. The US being signatory to these conventions, is obligated to adhere to it.  Every person, therefore, has a right to seek access to an immigration judge as well as to legal assistance.Priority to persons facing religious persecutionThe new order directs that persons seeking asylum on the grounds that they are a religious minority in the country and facing religious persecution are to prioritised. Considering that the 7 countries that have been barred are predominantly Muslim countries, it can be assumed that priority will be given to non-Muslim asylum seekers from these countries. While this provision is in violation of the provisions of the US Immigration and Nationality Act, the US Constitutional right to Equal Protection, and also international refugee laws, non-Muslim asylum seekers must keep this point in mind.Priority to persons already in transitThe authorities have been granted discretionary power to grant entry to persons when that person is already in transit and denying admission would cause undue hardship. This is provided the persons would not pose a security threat or risk. While the President has been granted the discretionary power to deny entry, the order discriminates between people on the grounds of nationality and religion. It is hoped that the US government will honor its commitment to its own laws and review its order.