Entry Ban Update as of 02.07.17
Last Friday, February 3, a federal district judge in Seattle issued a nationwide temporary restraining order (TRO) halting President Trump’s entry ban. The Trump Administration subsequently petitioned the U.S. Court of Appeals for the Ninth Circuit to place an immediate hold on the TRO.
As of late Monday, February 6, the Court of Appeals had yet to approve the administration’s request. The Court is scheduled to conduct a hearing on Tuesday, February 7, 2017, where it will decide whether to overturn the TRO, or allow the TRO to remain in force while a challenge to the executive order continues to be heard in district court.
The situation remains highly fluid. The court challenge is moving at an accelerated pace, meaning the entry ban could be reinstated at short notice.
Foreign nationals from a restricted country (Iran, Iraq, Libya, Somalia, Sudan, or Syria) are advised to exercise extreme caution before traveling to or departing from the United States. If you are a national of one of these countries, please contact D’Alessio Law Group before you attempt any foreign travel. If you are a foreign national from one of the seven restricted countries, are not a lawful permanent resident of the U.S., and do not hold a passport from a non-restricted country with a valid U.S. visa, please consider the following:
- If you are currently in the U.S., you are advised to avoid any international travel, and to remain in the U.S. If the appeals court overturns the TRO and the executive order is reinstated, you may find yourself unable to return to the United States for the duration of the entry ban.
- If you are outside the U.S., contact your D’Alessio Law Group professional to discuss any potential issues that may arise if you decide to travel during the time before the court issues a decision on the TRO.
While the TRO against the entry ban remains in place as of this update’s writing, the window of opportunity to travel to the U.S. may be extremely brief. If the Trump Administration ultimately wins an emergency stay of the TFO, the entry ban may already be back in effect when you arrive at a U.S. port of entry. Should this occur, you may be denied entry to the U.S.
Remember: in order to travel, you must have a valid U.S. visa contained in your passport. If you visa has been physically cancelled, please contact your D’Alessio Law Group professional as soon as possible to discuss your options.
If you are a lawful permanent resident of the U.S., you are still permitted to travel internationally without restriction. If you are a dual national who possesses a passport from an unrestricted country, as well as a valid U.S. visa, you are still eligible to enter the United States, even if the executive order is reinstated.
We continue to closely track the status of the entry ban, and will provide subsequent updates as new developments take place.
This update is for informational purposes only. If you have questions, please contact the immigration professional at D’Alessio Law Group with whom you work. Call us at (310) 909-3934.