- Wednesday, March 8, 2017
Implementation of Executive Order Imposing Temporary Travel and Refugee Ban
On March 6, 2017, President Trump reissued the Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” with an effective date of March 16, 2017. The previous Executive Order 13769 of January 27, 2017, will be revoked on March 16, 2017, and replaced with this reissued Order.
The new Executive Order bans immigrant and nonimmigrant entries for nationals of six designated countries - Syria, Iran, Libya, Somalia, Sudan, and Yemen - for at least 90 days beginning on March 16, 2017. The new Executive Order specifically removes Iraq from the list of designated countries.
The new Executive Order only applies to foreign nationals of the designated countries who:
The new Executive Order DOES NOT apply to the following individuals:
In addition to the above exceptions, the Executive Order specifically allows for Consular Officers to grant waivers in nine (9) pre-designated categories, including:
The Executive Order also suspended travel of refugees to the United States for 120 days.
The Executive Order clearly states that no immigrant or nonimmigrant visa issued before March 16, 2017, shall be revoked pursuant to this order, and that any individual whose visa was marked revoked or canceled as a result of the January 27, 2017, Executive Order shall be entitled to a travel document confirming that they are permitted to travel to the USA and seek entry. Any prior cancellation or revocation of a visa that was solely pursuant to the January 27, 2017, Executive Order shall not be the basis of inadmissibility for any future determination about entry or admissibility.
The Executive Order instructs the Secretary of Homeland Security, the Secretary of State, and the Attorney General to review current US visa issuance procedures, determine what additional information is required, and provide a list to the President of countries that do not provide such information. The President may then include these countries in a Presidential proclamation that would prohibit the entry of appropriate categories of foreign nationals from countries on this list until the information can be obtained. At any point, the Secretary of Homeland Security can recommend that countries be added or removed from this list.