Overview: The “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order, issued by President Donald Trump on January 27, 2017, bars from entry into the United States certain specified classes of individuals from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. It also requires in-person interviews of any individual from any country, who seeks a visa, prior to the issuance of the visa.
Coverage: Employers with employees (1) from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen who are travelling to and from the United States and (2) from all countries who are seeking visas to enter the United States.
Effective: Immediate.
On January 27, 2017, President Trump signed the “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order. The Order, among other things, suspended entry of individuals from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen for a period of 90 days from the issuance of the Executive Order and required in-person interviews of individuals from all countries prior to the issuance of any visa.
Originally, the Order excluded some diplomatic and government visas, but it applied to individuals with common employment-based visas, such as H-1B and L-1 visas. It also applied to nationals of the seven identified countries and those with dual nationalities (those who are nationals of the United States and one of the seven enumerated countries). On January 28, 2017, a federal court in New York issued a temporary injunction against the federal government's implementation of portions of the Order. The nationwide stay prohibited the government from deporting affected individuals based solely on the Executive Order’s mandate.
On February 1, 2017, without amending the Executive Order, the Trump administration announced a significant reinterpretation of key parts of the Order. Specifically, the administration advised that the travel ban would no longer apply to lawful permanent residents, i.e. “green card holders,” and those green card holders would no longer need a “waiver” to enter the country.
The travel ban was further loosened later that day when United States District Court Judge Andre Birotte Jr. granted a temporary restraining order requiring the admission of anyone from the seven countries who (a) has a valid immigrant visa, (b) is coming to the United States with the intent to permanently live in the country, and (c) is taking steps to becoming a legal resident. Judge Birotte’s ruling, unlike the previous courts’ rulings issued in response to the travel ban, applies throughout the country and to those currently stuck in airports and/or countries outside of the United States. Green card holders and other valid visa holders (who meet the foregoing criteria) should no longer be prevented from boarding planes to the United States.
Additional important details include:
•Returning green card holders will be allowed entry into the country, although this position is not clearly defined in the Executive Order.
•It is recommended that individuals from the seven countries listed above, who are in the U.S., not travel internationally until consulting further with counsel.
•Consulates will cease processing all immigration benefits, including immigrant and non-immigrant visas, for individuals from the seven countries for at least 90 days.
•Based upon court-granted temporary restraining orders issued after January 27, individuals from the seven countries who travel to the United States will not be subject to expedited removal as long as the temporary restraining orders remain effective and airlines should allow valid visa holders to board flights to the United States.
• Individuals from all countries will be required to have in-person interviews prior to the issuance of any visa, as all Visa Waiver Interview/Dropbox Programs have ended.
•U.S. citizens, regardless of their country of origin, and those who have simply travelled to the seven countries are not affected by the Executive Order.
Ultimately, the overall state of the travel ban remains in flux and is subject to change without notice as the Trump administration and immigration officials continue to make substantive changes to the travel ban and courts continue to enjoin key portions of the Order. Caution is advised for individuals from the seven banned countries traveling outside of the United States.
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This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.
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