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ImmIGRATION MAY 07, 2021 | The Indian Eye 43

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India are just as likely to is more uniform as it tralian dollars in fines. If turning citizens being ing readily available in
contract and spread the keeps everyone out and the US were to impose banned from reentry. many parts of the world,
virus as nonimmigrant is thus more effective, such a ban on its citi- Canada, for example, proof of vaccination is
visa holders, so banning it is unnecessarily harsh zens or permanent resi- requires that Canadian a formidable safeguard
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some categories of trav- and in violation of cit- dents, a court may well citizens who have trav- and should enable fully
elers while exempting izenship principles. By hold that it would be un- eled to India or Pakistan vaccinated travelers to
numerous others has not allowing its citizens constitutional. Trump’s obtain a COVID test in freely enter the United
little utility. For exam- to return, they may over- initial Muslim ban was a country other than In- States.
ple, one could be a US stay their welcome in successfully challenged dia or Pakistan before (This blog is for infor-
spent their entire life in more susceptible to would result in a due and disruptive travel upon as a substitute for tTV Download ZingoTV App
From Smar
citizen by virtue of being India, fall out of status in federal court because they will be allowed re-
mation purposes, and
born in the US, but then and become deportable. it also included perma- entry. Instead of being
should not be relied
this person may have
They may also be nent residents, which subjected to ineffective
India. This person will Covid by being forced to process violation. See, bans, the United States legal advice).
not be subject to the ban remain in India, and will e.g., State of Washing- should implement prac-
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while a fully vaccinated not have ready access to ton and State of Minne- ticable testing require- *Kaitlyn Box graduated
H-1B visa holder who the vaccine as they may sota v. Trump, 847 F.3d ments, and mandate with a JD from Penn
had to come to India to have in Australia. The 1151 (9th Cir. 2017). that returning travelers State Law in 2020, and
take care of a sick par- Australian ban, in addi- Even onerous test- quarantine for a few works as a Law Clerk
at Cyrus D. Mehta &
ent will be subject to the tion to being cruel for ing requirements may, days prior to entry. With Partners PLLC.
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ban. Concerningly, oth- abandoning its own cit- in practice, result in re- the vaccine becom-
er countries appear to izens, is also perceived _________________________________________________________________________________________________
be following the United as discriminating against Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
States’ bad example, in- Australian citizens of Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
cluding Australia, which Indian origin while al- Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
recently took the aston- lowing Australian citi- tion; board member of Volunteers for Legal Services and board member of New York Immigration
ishingly draconian step zens from other banned Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
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of banning Australian countries to come in. Council and former chair of the Committee on Immigration and Nationality Law of the New
York City Bar Association. He is a frequent speaker and writer on various immigration-related
citizens and permanent The ban against Austra- issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
residents who have lian citizens in India also he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
traveled to India from imposes criminal penal- Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
returning to Australia. ties, with penalties of up in the immigration field. He has also received two AILA Presidential Commendations in 2010
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While some may argue to five years in prison and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
that the Australian ban and nearly 60,000 Aus- Chambers Global 2019 in immigration law, among other rankings.

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