On March 6, 2017, President Trump issued a new Executive Order entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States,” effective March 16, 2017, which revoked the January 27, 2017 Order (see previous blog).
Beginning March 16, 2016, the new Order prohibits entry into the U.S. by immigrants and nonimmigrants from six predominantly Muslim countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen – for at least 90 days. Some exceptions and case-by-case waivers could be applied to nationals of these 6 countries, provided that the foreign national is able to demonstrate that his or her entry into the U.S. is in the national interest, will not pose a threat to national security, and that denying entry during the suspension period will cause undue hardship. This Order applies to foreign nationals of these 6 countries who are outside of the U.S. on March 16, 2017, did not have a valid visa on January 27, 2017 AND do not have a valid visa on March 16, 2017.
The Order does not apply to lawful permanent residents, foreign nationals admitted or paroled in the U.S. on/after March 16, 2017, foreign nationals who travel on admission documents to the U.S., other than a visa which are valid on/after March 16, 2017, dual nationals traveling on a passport from a country that is not one of six designated countries, foreign nationals traveling on diplomatic or diplomatic-type visas, foreign nationals granted asylum, any refugee already admitted to the U.S., or any individual granted withholding of removal, advance parole, or protection under the Convention Against Torture.
In addition, after March 16, 2017, the new Order suspends refugee resettlement to the U.S. for 120 days and reduces the number of refuges that will be resettled in fiscal year 2017 to 50,000.
The Order also requires in-person interviews for more nonimmigrant visa applicants.
The Order confirms that the no visa issued before March 16, 2017 will be revoked.
Interpretation and implementation of this Executive Order is constantly changing, not only based on the outcome of various litigation across the country, but also as the result of clarification provided by the various agencies involved.
We will continue to track any and all new developments regarding President Trump’s Executive Orders on immigration and we will make every effort to provide you with the most up-to-date general information.