New Travel Ban Executive Order Issued with Delayed Effective Date | Practical Law

New Travel Ban Executive Order Issued with Delayed Effective Date | Practical Law

President Trump has issued a new Executive Order (EO) that will ban US entry for certain individuals from six predominantly Muslim countries and revoke his previous travel ban EO.

New Travel Ban Executive Order Issued with Delayed Effective Date

Practical Law Legal Update w-006-7828 (Approx. 4 pages)

New Travel Ban Executive Order Issued with Delayed Effective Date

by Practical Law Labor & Employment
Published on 07 Mar 2017 • USA (National/Federal)
President Trump has issued a new Executive Order (EO) that will ban US entry for certain individuals from six predominantly Muslim countries and revoke his previous travel ban EO.
On March 6, 2017, President Trump issued an Executive Order (EO) that will restrict travel from Iran, Libya, Yemen, Syria, Sudan, and Somalia in order to protect US security interests, but which many argue is geared towards banning Muslims from US entry.
The new EO follows a wave of backlash and legal challenges in response to Trump's EO 13769, issued on January 27, 2017, which limited travel from the same six nations, as well as Iraq (see Legal Update, Presidential Executive Orders on Immigration and Practice Note, Trump Administration on Immigration: Immigration Related Executive Order Tracker). Specifically, on February 9, 2017, the US Court of Appeals for the Ninth Circuit upheld a district court's grant of a temporary restraining order (TRO) blocking enforcement of key aspects of EO 13769 (see Legal Update, Temporary Restraining Order on Travel Ban Executive Order Upheld: Ninth Circuit).
Unlike EO 13769, which restricted travel of individuals with valid visas from those seven countries, this new order:
  • Suspends new visa processing for 90 days after the effective date of March 16, 2017.
  • Will not:
    • automatically revoke existing visas issued prior to March 16, 2017 to a citizen of a designated country; or
    • apply to current lawful permanent residents (green card holders) or dual citizens who present a travel document from a country other than a designated country.
The new EO will:
  • Bar US entry, subject to certain exceptions and waivers, for 90 days after the effective date by nationals of:
    • Iran;
    • Libya;
    • Somalia;
    • Sudan;
    • Syria; and
    • Yemen.
  • Subject nationals of Iraq requesting a visa or US entry to additional scrutiny to determine if applicants pose a risk to national security or public safety.
  • Suspend all refugee admissions for 120 days after the effective date.
  • Cap the number of refugees entering the US in Fiscal Year (FY) 2017 at 50,000, down from President Obama's 110,000 cap.
  • Entitle those who had their visas revoked or canceled as a result of EO 13769 to receive a travel document allowing them to seek US entry.
  • Remove language that prioritized admitting refugees who were religious minorities in their own countries.
Iraq was not included in the travel ban because since EO 13769 was issued, the Iraqi government has taken steps to enhance:
  • Travel documentation.
  • Information sharing.
  • The return of Iraqi nationals subject to final removal orders.
In contrast to EO 13769, which took effect immediately, the new EO will roll out over a ten-day period, taking effect on March 16, 2017. At that time, EO 13769 will be revoked. For more information, see Practice Note, Trump Administration on Immigration: Immigration Related Executive Order Tracker.

Practical Implications

The new EO will have the greatest impact on refugees, and on the ability of individuals from the designated countries to obtain visas or travel to the US. Although the ban does not take effect until March 16th, individuals from the designated countries are already likely subject to greater scrutiny in visa issuance and requests for entry. The EO allows for an extension of the ban for all or some of the designated countries, as well as the addition of other countries based on the recommendation of the Attorney General and the Secretaries of State and Homeland Security.
The EO also has a significant impact on the US Refugee Admissions Program (USRAP), by reducing anticipated refugee admissions in FY 2017 by more than half and halting the program for 120 days. Impacted individuals should consider how the new EO impacts their own ability or the ability of family members to travel to the US.
Furthermore, all travelers may expect to see increased screening at US border posts and may experience greater scrutiny or delays at US entry.