WASHINGTON, DC – U.S. Sen. Cory Booker (D-NJ) is seeking answers from Secretary of Homeland Security John Kelly on the implementation of President Trump’s discriminatory, unconstitutional, and un-American Muslim ban executive order.

In a letter to Secretary Kelly sent today, Booker seeks answers to twelve detailed questions about the implementation of the order. In particular, Booker seeks additional clarity on whether individuals are being actively detained by Customs and Border Protection or DHS officials. Booker also asks whether DHS is issuing guidance to employees to abide by court injunctions related to the executive order.

“After an incredibly chaotic weekend, it is painfully clear that this policy change was hastily crafted with little to no coordination with key agencies like yours,” Booker wrote. 

“Congress must be provided immediate clarity on the steps your agency is taking to ensure that judicial orders are followed and that the law is fairly and humanely applied to people fleeing horrible violence in other countries,” Booker continued.

The full text of the letter follows:

VIA ELECTRONIC TRANSMISSION

The Honorable John Kelly
Secretary
United States Department of Homeland Security
301 7th Street, SW, Mail Stop 0150
Washington, DC 20528 

Dear Secretary Kelly:

On Friday, January 27, 2017, President Trump issued an executive order that suspended the U.S. Refugee Admissions Program and precludes foreign nationals from seven majority-Muslim countries from entering the United States, with exceptions for religious minorities in those countries (e.g., Christian and Jewish people). By singling out people based on their religion, this policy is discriminatory, unconstitutional, and fundamentally un-American.

After an incredibly chaotic weekend, it is painfully clear that this policy change was hastily crafted with little to no coordination with key agencies like yours.

On January 28, 2017, I visited Dulles International Airport to deliver to Customs and Border Protection (CBP) and employees a copy of a temporary injunction from a federal judge requiring CBP to provide individuals affected by the executive order access to legal counsel. I was deeply disturbed that CBP employees declined to meet with me and have apparently refused to obey the injunction. Media reports indicate that CBP officials at Dulles Airport also refused to meet with members of Congress on January 29, 2017, and continued to defy the court order.

This is tremendously concerning. Congress must be provided immediate clarity on the steps your agency is taking to ensure that judicial orders are followed and that the law is fairly and humanely applied to people fleeing horrible violence in other countries. With that in mind, I have several questions for you:

  1. Have you issued guidance, or do you plan on issuing guidance, to Department of Homeland Security (DHS) agents about excluding from the order those traveling on advance parole, humanitarian parole, or significant public benefit parole from the seven countries referenced in the order? If you have not yet issued the guidance, when do you plan on doing so?
  2. Does President Trump’s executive order apply to people seeking entry to the United States on a refugee travel document?
  3. How many individuals were not admitted to the United States since the order was issued and how many of those people were placed in detention facilities?
    1. Please provide me with a list of the port of entry where they were detained, their country of origin, and their nationality.
  4. How many individuals were not admitted to the United States since the order was issued and how many people were returned to their country of origin?
    1. Please provide me with the port of entry where they were denied entry, their country of origin, and their nationality.
  5. Has the United States Citizenship and Immigration Services stopped processing all applications or petitions filed for or on behalf of people from the seven specified countries in the executive order?
  6. Does the DHS have a plan to expand or contract the list of countries on the list issued in the executive order?
  7. How is the DHS coordinating with airlines regarding the implementation of this executive order?
  8. How is the DHS or the United States government advising those seeking asylum from banned countries regarding their rights under the United Nations Convention Against Torture and Other Cruel, Human or Degrading Treatment or punishment?
  9. How is the United States government handling dual nationals, including those who are United States citizens or United States green card holders and those who have never set foot in one of the seven countries listed in the executive order?
  10. Do you agree that DHS and/or CBP is continuing to defy a court’s injunction requiring individuals affected by the executive order to be given access to legal counsel at Dulles Airport?
  11. Will you issue guidance to your employees to ensure that they abide by the court’s injunction requiring access to legal counsel?
  12. How will you guarantee that individuals impacted by the executive order—whether they are detained or immediately turned away—will have access to counsel to ensure that their rights are respected?

The president’s executive orders on immigration are flawed, contrary to our values, and will not make us safe. We still have a lot to do to make sure that our country stays true to its values and is a beacon to other nations on how to treat fairly and humanely treat fellow human beings. Given the serious constitutional and legal implications involved, I would like a response to this letter no later than 5:00pm, February 1, 2017. Thank you for your attention to this matter.

Sincerely,

Cory A. Booker

UNITED STATES SENATOR