• Embracing English in America • Making the Arts Non-Inclusive Again • Finishing Other People’s Works • Entering the US Under Neo-America • Consulate Closures and Slow Downs
LAW & DISORDER
Performing Arts Division
26 March 2025
Dear Reader
Between cutting veteran benefits, insulting allies, and cancelling the Kennedy Centre’s Christmas concert of the Trans-Siberian Orchestra for being too gender-fluid, Co-US President Trump has found time to address and correct a long-time offense for which I must give him credit, as well as my gratitude.
On March 1, 2025, Trump issued Executive Order (EO) 14224 which designates English as the official language of the United States. According to my reading of the EO, it means that, effective immediately, the letter 'U' will be reinstated in words such as 'colour,' 'favour,' 'labour' and 'neighbour’, all performing arts ‘centers’ will now be ‘centres,’ our cars will once again drive on ‘tyres’, 'doughnut' will be spelled without skipping half the letters, and the suffix '-ize' will be replaced by the suffix '-ise.' In addition, Webster’s Dictionary will be replaced with the Oxford English Dictionary, the “Oxford comma” will be mandatory, dates will comport with the dd/mm/yyyy format that the rest of the world uses, the letter ‘Z’ will henceforth be pronounced “Zed,” and, if there is a God, Trump and Musk will one day go to ‘gaol.’ In the meantime, as we all update our spellcheck preferences, we need to start incorporating “Newspeak” into our programming and projects, artists are still creating work in the midst of chaos, and international touring becomes even more fraught with uncertainty and peril.
Legal Issue of the Month: Making the Arts Non-Inclusive Again
As a theatre kid who knew all the songs from Monty Python and could read and write Elven (aka “Sindarin”), the inclusivity of theatre and the arts was my refuge. The arts are inherently inclusive, particularly to geeks. Nonetheless, over the last 2 months Emperor Trump, on a bender of brake fluid, Diet Coke, and Dayquil, has signed over 75 Executive Orders (EOs) to root out and destroy any and all diversity, equity, and inclusion programmes and initiatives, including by withholding federal funding. For example, until recently, the NEA was requiring all grant applicants to certify that federal funding will not be used for “any programs promoting diversity, equity, and inclusion.” Fortunately, as a result of a lawsuit filed by the ACLU on behalf of Rhode Island Latino Arts, the Theater Offensive, National Queer Theater, and Theatre Communications Group, the NEA temporarily agreed to suspend the certification requirement pending the outcome of the lawsuit
But this is just a tiny corn kernel on the top of a mountain of donkey dung. In practical terms, whilst federal funding can be critical to many, it has never amounted to more than a dust mite in the chasm of most large operating budgets. However, even if an organization receives no federal funding, the federal government can still enforce Trump’s will upon any entities or organizations that are required to follow federal laws. For charitable nonprofit organizations, this could include revoking 501(c)(3) status. In addition, federal funding will most certainly be used as a cudgel to curtail states, cities, and local governments who receive federal funding from supporting any DEI programming or arts initiatives on their own. This could also extend to performing arts centres based at universities or colleges that receive federal funding. This means that, even if you are not a nonprofit, it could impact the presenters and venues who are allowed to engage you if your work is perceived as critical of the US and its greatness. At the same time, several states have already eagerly and willingly jumped onto the fanatical bandwagon by passing their own anti-DEI laws covering employment, state grants, and education. Among them, and I know this will come as a shock to many, Florida. In a state where it is lawful to take a 6-foot alligator into a Piggly Wiggly grocery store provided it’s on a leash, it is now unlawful for an employer to provide any DEI-related training to Florida-based employees.
Knowing how to navigate these waters is difficult, if not impossible, because none of the Executive Orders actually define terms and concepts such as “diversity, equity, and inclusion,” other than through vague references suggesting they can mean anything critical of “US citizens, culture, government, institutions, or founding principles.” As a result, we anticipate hundreds of legal challenges, followed by lengthy and prolonged court battles, followed by further lengthy and prolonged court battles, all the while as the Trump regime ignores any rulings it doesn’t like. A lot is going to change daily, if not hourly. Even as I write this it may have already changed. Fortunately, the heroic knights and paladins at the League of American Orchestras have swept in like the Riders of Rohan and created for us a hub of on-line resources which they are updating regularly:
This information is critical and available to all. Bookmark it, visit often, and send them some love.
In the meantime, we can put our collective fear and uncertainty to productive use by focusing on various ways to reimagine how we describe what we do. Without abandoning who we are, we can making inclusivity appear even more inclusive. For example, a programme that sponsors commissions for young female composers can also be a programme that sponsors or provides commissions “which encourage the voices of all young composers to be heard.” Fellowships, scholarships, internships, and grants for certain races or groups can alternatively be presented as being designed “to discover, encourage, and create opportunities for all exceptional talent to shine.” A programme that “uplifts a historically disadvantaged group” can also be described as “uplifting all Americans to their greatest potential.” Like knowing your audience, it will likely come down to marketing a product to a specific consumer. I can even envisage a press release which reads:
“As Thomas Jefferson wrote to James Madison in 1785, “I am an enthusiast on the subject of the arts. but it is an enthusiasm of which I am not ashamed, as it’s object is to improve the taste of my countrymen, to increase their reputation, to reconcile to them the respect of the world & procure them it’s praise,” which is why, in the spirit of Thomas Jefferson, we at the Anne L. Beedz Centre for the Arts are proud to announce that we presenting the Quatre Legumes Balloon Ensemble, who will be performing their critically acclaimed interpretive dance programme: Impotence.”
Dear Law and Disorder: Actual questions we get asked and the answers people actually don’t want
"Writing the Play That Never Was”
Dear Law & Disorder:
Hello, old friend, how are you? Hope all is well with you amongst all the chaos. I just had an interesting conversation with a playwright, and I thought that I would run a quick question by you. This writer is looking to adapt a weird piece of [fill in name of famous author] arcana, and based on the “Stereophonic” drama wants to make sure it's on the up and up. Here is the proposal: In [famous author’s] novel, there is a character that is writing a play. Except for its name, no one knows anything about it. This playwright wants to take that title and write the play that he imagines the character was writing. He asked if I might know whether or not this is even possible without spending a gazillion dollars on rights. My gut says, write it and worry about the details later, but I figured I would toss a somewhat fun question your way in this moment of... less fun questions.
Chaos indeed. Every day I wake to find us in a deeper level of hell. This is a welcome diversion. The "Stereophonic" situation was a little different from what you are describing. The issue there was a fairly straightforward copyright issue: that the play directly copied elements from the book. Personally, I don't believe it was a valid claim. However, anyone can sue anyone for anything without the need for having a valid claim and, in so doing, force the defendant into a settlement or to spend the money to ask a judge to dismiss the case. In your situation, the playwright would be writing a play based on a novel that has never, in fact, ever been written. So, I don't believe there would be a copyright issue as titles are not copyrightable. Still, they are subject to trademark. However, as there is no actual product associated with the play, I don't think there would a valid trademark claim either. None of which means the playwright still couldn't be sued (just as in the "Stereophonic" case. I just don't think it would be a strong case. I think a stronger claim would be violations of rights of endorsement or publicity, or simply just pissing them off. It's "probably" fine, but as with "Stereophonic" it's always risking pissing off anyone with a deep pocket. Regardless, you never ever ever ever ever want to expend creative time writing or creating anything that may have unresolve licensing issues and then ask for forgiveness later. I've seen that blow up too many times. Instead, I'd recommend distancing the work from the novel such as using a different title with a subtitle “the imagined completion of "________________ by ________________had he not died in the end." Or something like that.
Artist Visa News & Nausea
For those of you who find the smell of a blocked toilet at a Taco Bell mixed with the aroma of authoritarianism and the waft of a freshly opened box of generic male enhancement pills alluring and still wish to come to Neo-America, we present the latest round-up of US artist visa news:
1. Entering the US Under Neo-America
Like you, we are all hearing and reading with increasing alarm about individuals with valid visas being detained and refused entry at US border crossings, with some even held in detention for weeks. As US Customs and Border Patrol (CBP) and US Immigration and Customs Enforcement (ICE) are never required to explain or comment, there is no way to know with any certainty what prompts any specific incident or what triggers their initial suspicions. However, anecdotal reports seem to indicate that most of the situations are arising as a result of aggressive scrutiny of past immigration violations regardless of have far in the past they may have occurred—including violations of ESTA or B-1/B-2 restrictions (such as engaging in any type of work or services regardless of payment—including performing!); excessive entries in ESTA or B-1/B-2 status; violations of F, J, M, and H status; misdemeanour arrests; applying for a green card or other indications that someone plans to immigrate or live full time in the US; or past travel to countries on Trump’s naughty list. As CBP officers have unfettered authority to search the cell phones or computers of travellers crossing into the US, they also appear to be searching for the expression views that the regime believes threaten national security and undermine foreign policy.
We are not encouraging panic. The vast majority of artists on O and P visas should be fine. Cancelling engagements and performances only helps serves the forces of Morgoth. However, here are some general suggestions for traveling to the US:
Do not email, DM, WhatsApp, or post in any form or manner on social media questions such as: “Will this be a problem?” or “Can I just make up engagement dates?” or “What do I tell them if they ask about….?”
When traveling to the US:
Bring a scan of excerpts from your visa petition, including copies of (i) the submitted I-129 petition form; (ii) the cover/petitioner letter that was submitted with your petition; (iii) a programme or article confirming you are, in fact, a violinist, dancer, balloon wrangler, etc.; (iv) if applicable, a copy of the beneficiary list with your name on it; and (iv) a copy of your itinerary and/or engagement confirmations.
Be familiar with your intended engagements and activities in the US.
Be prepared to address any prior trips to the US as a visitor (ESTA or B-1/B-2) or as a student (F, J, M, H) and confirm that you have never overstayed or worked without authorization—including performing for free! (We really can’t stop saying this enough!)
Unless you hold an O visa (and, even then, it’s iffy), do NOT ever say you LIVE in the US. Always be prepared to explain that whilst you may work here often your permanent residence is somewhere else that is far less great than we are.
If you have a US spouse, significant other, or a relative who lives in the US, be prepared to explain why you do not want to live in the US with them.
Never lie. Also don’t overexplain or start to ramble. When in doubt, stop talking.
After being Allowed In:
Assuming the CBP Troll has entered your details correctly, CBP will automatically generate a digital record, called an I-94, to confirm that you have legally been admitted into the US and how long you can stay. Click the following link to access your CBP I-94 record: https://i94.cbp.dhs.gov. Make sure your I-94 reflects your correct status and dates before leaving the airport! As soon as you are able, return to the I-94 link and either print out your I-94 or take a screen shot.
While in the US, we recommend that you travel with your I-94, as well as all the aforementioned documents and petition excerpts (or, at least, know where to find them), particularly for domestic flights or travel within the US. If you get stopped by a Sherriff’s deputy in Sphincter Falls, Oklahoma, they will not just believe you are a famous contortionist.
We further recommend that you make sure someone you trust and to whom you can have immediate access be given copies of your passport, visa stamp, and the aforementioned documents.
Do not join any protests. Do not deface posters of our beloved leader. Avoid certain states. Only say nice things about us in public. In short, assume you are living in a black and white movie set during WWII and you are in occupied France.
For For the foreseeable future, if you plan to file a green card, don’t. For a lot of artists it’s a solution from having to keep filing O and P visa petitions every 1 – 3 years. However, filing for a green card appears to be a major tip-off for CBP and ICE stopping people who wish to enter the US. If you must file for a green card, enter the US, file the petition, and then DO NOT LEAVE until you have either your temporary work and travel permits (EAD/Advance Parole) or your actual green card in hand.
2. The DEI Delima With Regard To Artist Visas
As we mentioned last month, in addition to the historical twists of logic through which USCIS has always been able to deny a visa petition or a US Consulate has always been able to refuse to issue a visa stamp, Trump’s Executive Order entitled “Protecting the United States from Foreign Terrorists and other National Security and Public Safety Threats” now allows USCIS and US Consulates to deny visas for anyone, including artists, who holds or is perceived to hold “hostile attitudes toward its citizens, culture, government, institutions, or founding principles”—which, lacking any other directives, is any splinter that enters the windmills of Trump’s mind. I recently heard from a client who had engaged a non-US performance group. When the members of the group went to apply for the visa stamps, their manager received an email from the US Consulate saying that they needed him to sign an affidavit that the production had no DEI elements before they would issue the visa stamps.
Historically, neither USCIS nor US Consulates have ever been interested in the cultural value or artistic impact of any artistic programmes or performances. Nonetheless, we have often seen well-intentioned visa petitions where an artist’s or group’s achievements or acclaim is presented primarily in terms of their artistic abilities and their impact in furthering cultural exchange, arts education, and international/global awareness. That has never helped. USCIS has never cared. However, whereas before it was simply irrelevant, those same accolades can be the death knell of a visa petition---particularly if whatever the artist or group will be doing in the US is perceived as promoting DEI. So, please stop doing that.
All USCIS wants to know, and all they have ever wanted to know, is where has an artist performed? Are these the same big buildings or venues where pop stars perform? What awards have they won? Why are these awards a big deal? Do the awards come with big cash prizes? Have big media outlets written about them or have they been interviewed on TV? Do they have lots of Tiktok or Instagram followers? USCIS is just as willing to approve a visa petition for a singer who received an award for “best singer” as one who received an award for “worst voice,” so long as they received a lot of media attention. Whether a violinist can perform all of Paganini’s 24 Caprices in a single concert is less important than whether they have played the role of a drug-addicted violinist on an episode of Law and Order. Accordingly, focus purely on superficial plaudits and glitzy accolades. USCIS does not need to know that a play or concert focuses on women’s rights. It’s just a play that got awards. That’s all they need to know.
3. Consulate Slow Downs and Delays
As part of Trump’s “Screw you, America First, booyah!” diplomacy, the Department of State has announced plans to lay off consulate staff. This means less staff at US Consulates to process visa stamp applications, which also means even longer wait times for interview appointments and to process visa stamp applications. In addition, DOS has announced plans to close more than a dozen consulates, mostly in Western Europe. The list includes consulates in Florence, Italy; Strasbourg, France; Hamburg, Germany; and Ponta Delgada, Portugal.
Many of those do not issue visa stamps, but for those that do, it will mean some countries will have only a single US consulate, creating even more delays and wait times at those consulates.
Further adding to an anticipated increase in consulate interview appointments is that DOS has also decreed that interview waivers will no longer be automatically granted or even available, even if a person has previously been given an interview waiver. Henceforth, to be eligible for an interview waiver, you must (i) submit your visa stamp application to the US Consulate in the country where you are a citizen and (ii) you must have been issued a visa in the same category within the last 12 months. In other words, if you held an O or P visa more than a year ago, you are out of luck. Also, “eligible” does not mean “entitled” or “guaranteed.” Consulates can still continue to refuse interview waivers for any reason. As each consulate makes up its own rules, the only way to know anything is to check the website of the consulate where you intend to apply for your visa stamp.
4. USCIS Let The Dogs Off The Leash
At the end of the day on Friday 21 March, the Department of Homeland Security announced it was closing three internal “watchdog” offices that reported to Congress, assisted in addressing complaints, and monitored the US immigration system: the Office for Civil Rights and Civil Liberties (CRCL), the Office of the Immigration Detention Ombudsman, and the Office of the Citizenship and Immigration Services Ombudsman. These offices handled thousands of complaints about the US immigration system, including detention conditions, the care of migrant children, spying on US citizens, unlawful arrests, and delays and irregularities in processing visa petitions, green-card petitions, and citizenship applications. The Office of the Citizenship and Immigration Services Ombudsman, in particular, was one of the few government offices that was willing to work with and even meet with representatives of the performing arts industry, including the Performing Arts Visa Task Force and the League of American Orchestras, to clarify and address issues with artist visa petitions. They often couldn’t do much, but they listened sympathetically and did what they could in presenting out concerns. DHS now claims these offices were a “roadblock” to immigration enforcement and that they “have obstructed immigration enforcement by adding bureaucratic hurdles and undermining DHS’s mission.”
So, we bid a “not-particularly fondly remembered , but at least they were there” farewell to customer service.
Deep Thoughts…
“Miss Me Yet?”
― King George III
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The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty or threatening email to someone, filing a lawsuit, or basically doing anything that may in any way rely upon an assumption that we know what we are talking about.