[Scroll down to read updates to this post – Travel Ban temporarily halted nationwide by Seattle Judge and upheld by the Ninth Circuit on appeal.]
On Friday January 27, 2017, President Trump issued an Executive Order (EO), “Protecting the Nation from Foreign Terrorist Entry into the United States.” *** Update: As of 1/30/2017 17:00 PST – The EO was only recently made available on the White House website, available here, despite its January 27, 2017 date.***
The EO is meant to “protect our citizens from foreign nationals who intend to commit terrorist attacks in the United States” and “prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.” One of its provisions suspends the immigrant and nonimmigrant entry of nationals from certain designated countries for 90 days from the date of the order. Designated countries, thus far, include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
The impact of this suspension means that individuals from those seven countries will not be allowed to enter the U.S. Reports from news organizations indicate the EO is impacting foreign travelers en route to the U.S. The Department of Homeland Security has not issued any statements or guidance to the public to clarify the situation.
The State Department posted instructions to embassies and consular posts worldwide to immediately suspend issuance of nonimmigrant and immigrant visas for nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Customs and Border Protection (CBP) is preventing entry of foreign nationals, including U.S. greencard holders who are citizens of those seven countries from entering the U.S.
INDIVIDUALS “FROM” IRAN, IRAQ, LIBYA, SOMALIA, SUDAN, SYRIA, AND YEMEN.
Lawful Permanent Residents (LPR or green card holders), nonimmigrant visa holders, immigrant visa holders, refugees, derivative (family member) asylees, or those with Special Immigrant Visas (SIVs), have been allowed to enter the U.S. on a case-by-case basis – but reports from various organizations and immigration attorneys indicate otherwise.
Individuals who are nationals from one or more of the designated seven countries who hold citizenship to another country may still be barred from entering the U.S.
There are varying reports of individuals who are legal permanent residents who are citizens of any of the seven countries being denied entry into the U.S. DHS is providing conflicting reports at various airports on whether they are enforcing the EO with regards to greencard holders.
INDIVIDUALS DENIED ENTRY AS A RESULT OF THE EO
Foreign Visitors attempting to enter the U.S. on a temporary visa arriving at U.S. ports of entry will be allowed to withdraw their application to enter the U.S. They may return to their countries on their own accord. Those who refuse will be deported (aka processed for expedited removal).
UPDATED AS OF FEBRUARY 4, 2017 (16:00 PST)
On February 9, 2017, the Ninth Circuit issued a denied the President’s appeal to reverse the temporary restraining order imposed by Judge Robart. The decision allows the travel ban to be halted indefinitely, until the lower District Court can substantively rule on the merits of the case brought by the States of Washington and Minnesota.
On February 4, 2017, The Department of Homeland Security announced that it has temporarily suspended all enforcement of the Travel Ban imposed by President Trump’s Executive Order as a result of Friday’s ruling by U.S. District Judge James Robart. Airlines have reportedly been allowing passengers to board flights again. The Department of State also announced that it had electronically reinstated any visas that were previously revoked as a result of the Travel Ban.
On February 3, 2017, U.S. District Judge James Robart issued a ruling halting the enforcement of the Travel Bank imposed by President Trump’s Executive Order of January 27, 2017 in the case filed by the State of Washington against the President (at 1:03:00 of the video, text available here.) The ruling is effective nationwide but temporary.
On January 31, 2017, DHS Secretary John Kelly is walking back his earlier statements, “clarifying” that the DHS was in full communication with the White House on the EO. Also, the State of Washington has filed a lawsuit against the President for constitutional violations by this EO. Its lawsuit is supported by Amazon and Expedia. California tech giants Google, Netflix and AirBnB also considering filing lawsuits. Acting U.S. Attorney General Sally had indicated she would decline to enforce the EO in court but was quickly fired by President Trump for these public remarks.
On January 30, 2017, WhiteHouse.Gov finally published the text of the EO. There are reports that Greencard holders are being pressured to give up their greencards and sign immigration forms. It is recommended that greencard holders consult with an immigration attorney before signing any documents presented by U.S. Customs officers; or in the alternative, to refuse to sign any documents to which they may lose their rights.
On January 29, 2017, DHS Secretary John Kelly confirmed that all Customs Officers will respect the orders from the courts and will allow all greencard holders to enter the U.S. despite the travel ban for individuals from those seven countries in the form of a waiver. This was published on January 30, 2017
On January 28, 2017, a federal judge issued an emergency stay, which prevented a portion of the EO from being enforced by DHS Customs Officers. Essentially, Customs Officers may not prevent refugees, holders of valid immigrant and nonimmigrant visas and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen legally authorized to enter the United States who were en route to the U.S. at the time the EO went into effect. At least two similar temporary court orders were by Federal District Courts in Massachusetts and the Eastern District of Virginia.
The travel ban remains in effect for the next 90 days unless challenged in court.