January 30, 2017

 
This is an unprecedented time for U.S. immigration.  As you are likely well aware, President Trump issued an Executive Order (EO) on Friday which was a slightly revised version of the order we mentioned in last week's News Flash, "Protecting the Nation from Terrorist Entry into the United States".  The primary change from our summary is that foreign nationals from the "countries of particular concern", identified as Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, are barred entry for 90 days (instead of 30 days) from the date of the order.  The EO indicates that the list of countries can be expanded at any time. 

As a result, the State Department immediately suspended visa issuance to nationals of the 7 named countries.  Visa appointments will not be scheduled, and scheduled appointments are being cancelled.  Airlines were instructed to exclude passengers with passports from these countries from flights, since they will only be turned back upon arrival. 
 
After a chaotic weekend at U.S. ports of entry, DHS Secretary Kelly issued a statement yesterday indicating that entry of lawful permanent residents from these countries is in the national interest and will be allowed, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare.  Furthermore, several courts have taken action, including two Federal judges in Massachusetts who issued a 7 day Temporary Restraining Order (TRO) on Sunday which prohibits DHS from detaining or removing any individuals with a valid immigrant, nonimmigrant, or refugee visa.  The TRO further instructs Customs and Border Protection to advise airlines to allow any passengers from these countries traveling to Boston's Logan Airport who hold valid nonimmigrant or immigrant visas or refugee documentation to board their flights. 
 
Despite these temporary court actions, there remains considerable uncertainty and risk surrounding international travel in this evolving climate.  Given the unpredictability of future changes, RSST Law Group is advising all clients, regardless of their home country, to avoid international travel.  We would appreciate it if you would share this information with your employees. 
 
We will be monitoring any further EOs and also the implementation of these orders, and will provide additional details as appropriate. In the meantime, if you or any of your employees may be affected by these provisions, please do not hesitate to contact our office.
Please note that this News Flash is provided for informational purposes only.  It does not constitute legal advice and is not a substitute for consulting with an attorney.

Sincerely,
 
The Attorneys at RSST Law Group