President Trump Signs Second, Revised Entry Ban
On Monday, March 6, 2017, President Trump authorized a newly revised Executive Order that suspends the entry of foreign individuals from six countries, Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days. The order also suspends the admission of refugees from all countries for 120 days, starting on March 16, 2017. Unlike the original order, refugees from Syria are not subject to a permanent ban.
The new order expressly replaces the previous executive order signed by President Trump on January 27, 2017, which was subsequently suspended by federal courts.
The new executive order exempts certain categories of people, including lawful permanent residents (aka green card holders), those with valid US visas, and dual nationals traveling on a passport from a country that is not one of the six designated countries. (Please see complete list below.)
The updated travel ban will begin to go into effect on March 16, 2017 and last through June 14, 2017, but could be extended.
Who does the ban apply to?
The revised ban applies to foreign individuals of the 6 listed countries who are not currently in the U.S. and do not already have a visa to travel to the U.S.
The executive order restricts individuals of the six countries from entering the United States unless they qualify for an exemption or are granted a waiver, which is only granted on a case-by-case basis.
The ban also prevents all refugees from entering the U.S. for 120 days starting on March 16, 2017. The ban additionally cuts down the number of refugees that the US Refugee Assistance Program (USRAP) will resettle in the fiscal year from 110,000 to 50,000.
The following classes of individuals will be NOT be subject to the ban:
- U.S. lawful permanent residents (green card holders)
- Those holding a valid U.S. visa, even if the visa has not yet been used.
- Visas that were rescinded as a result of the January 27 executive order are valid for travel.
- Foreign individuals with a visa that was physically annulled under the January 27 executive order may be able to acquire new travel documents for entry to the United States.
- Dual nationals traveling on a valid passport from a non-restricted country. These individuals must have a valid U.S. visa or be visa-exempt.
- Foreign individuals holding a valid advance parole document.
- Foreign individuals holding a valid A, C-2, G or NATO visa.
- Foreign individuals who have been granted asylum.
- Refugees already admitted to the United States, and those with travel formally schedule by the State department.
Once the ban is put into place on March 16, 2017, individuals from these six countries that do not hold the above classifications will not be allowed to enter the United States throughout the 90 days, unless they are granted a waiver, which is discussed in detail below.
Until the new executive order takes effect on March 16, the State Department has said that it will continue to process visa applications from individuals from these six restricted countries. However, considering the short window between now and March 16, applicants should be prepared for the possibility that they may not be issued the visa before the entry ban takes effect on March 16.
Waivers of the Entry Ban
The travel ban allows the Departments of Homeland Security and State to grant waivers of the entry ban on a case by case basis, when they are determined that it is in the national interest to do so. Those who apply for this waiver must prove that a denial of entry would cause undue hardship, and that admission is in the greater national interest.
The order suggests that a waiver may be possible for numerous classes of foreign individuals, including Canadian landed immigrants applying for a visa in Canada, individuals with significant business or professional obligations in the United States, and nonimmigrants who were previously admitted to the United States for a scheduled, continuous period of work, study, or other long-term activity who are seeking to continue that activity.
Potential Legal Challenges
DLG is closely watching the application of the new travel ban and will provide clients with frequent updates. Lawsuits challenging the previous travel ban continue, though it is likely that the government might try to have these cases dismissed. With that said, it is likely that those involved in these lawsuits will revise their cases to include details and claims against this latest ban. It is also likely that there will be new court challenges against this new travel ban.
If you have any questions, please contact D’Alessio Law Group to schedule a consultation (310) 909-3934.