Today, President Trump signed a new Executive Order (EO), " Protecting the Nation from Foreign Terrorist Entry into the United States."  This EO revokes the January 27 EO, "Protecting the Nation from Terrorist Attacks by Foreign Nationals," but retains many of the original provisions. The new EO provides additional background information and justification for the "pause" on travel for nationals of 6 countries as well as the temporary suspension of the refugee program. The effective date of the new EO is March 16, 2017.

  

Below, we have provided a summary of the new Executive Order. Of particular note, the order institutes a 90 day ban on travel for certain individuals from 6 countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen (Iraq, which was included in the original EO, is not included here). Individuals exempt from the ban include U.S. legal permanent residents, dual citizens of non-listed countries traveling on the other passport, and individuals already holding a valid visa prior to January 27 (which remains valid on March 16). The EO also establishes a temporary ban on refugee admissions and application processing for 120 days, and suspends the visa interview waiver program.

  

Temporary pause on entry into the United States by nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen. The "pause" will be in effect for 90 days, and applies only to individuals who are outside the United States and do not hold a valid visa on March 16, and did not hold a valid visa at 5pm EST on January 27, 2017. The travel ban does not apply to the following individuals:

The EO specifies that any individual whose visa was revoked or marked cancelled as a result of the January 27 EO shall be entitled to a travel document confirming that the individual is permitted to travel to the U.S. and seek entry, and that prior cancellation or revocation shall not be the basis of inadmissibility for any future determination about entry or admissibility.

  

Additionally, Consular Officers or CBP may use discretion to decide, on a case-by-case basis, to authorize issuance of a visa to or permit entry of a foreign national for whom entry is otherwise suspended if the individual demonstrates, to the officer's satisfaction, that denying entry would cause undue hardship, and that the entry would not pose a threat to national security and would be in the national interest. Such waivers may be granted in the following types of circumstances:

• The foreign national was previously admitted to the U.S. for a continuous period of work, study, or other long-term activity, is outside the U.S. on March 16, seeks to reenter the U.S. to resume that activity, and the denial of reentry during the 90-day suspension would impair that activity.
• The foreign national has previously established significant contacts with the U.S. but is outside the U.S. on March 16 for work, study, or other lawful activity;
• The foreign national seeks to enter the U.S. for significant business or professional obligations and the denial of entry during the 90-day suspension would impair those obligations;
• The foreign national seeks to enter the U.S. to visit or reside with a close family member (e.g. spouse, child, or parent) who is a U.S. citizen, permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry during the 90-day suspension would cause undue hardship;
• The foreign national is an infant, young child, or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;
• The foreign national is a landed Canadian immigrant who applies for a visa at a location within Canada;
• The foreign national is traveling as a U.S. Government-sponsored exchange visitor;
• The foreign national has been employed by, or on behalf of, the U.S. Government, or is an eligible dependent of such an employee, and the employee can document that he or she has provided faithful and valuable service to the U.S. Government; or
• The foreign national is traveling for purposes of conducting meetings or business with the U.S. Government related to an international organization designated under the IOIA, or traveling to conduct business on behalf of an international organization not designated under the IOIA.

Iraq, which was included in the original EO, has been specifically excluded from the temporary pause due to the Iraqi government's "close cooperative relationship" with the United States and efforts by the Iraqi government since the January 27 EO to undertake steps to enhance travel documentation, information sharing, and the return of Iraqi nationals subject to final orders of removal. The EO does, however, order additional scrutiny of visa applications and applications for admission by Iraqi nationals.

  

Country-by-Country Review of Information Provided for Security and Public Safety Checks. The Secretary of Homeland Security, in consultation with the Secretary of State and Director of National Intelligence, is instructed to conduct a worldwide review to identify whether, and if so what, additional information is needed from each foreign country to adjudicate an application by a national of that country for a visa, admission, or other benefit in order to determine that the individual is not a security or public-safety threat. The Secretary must then submit a report to the President, by April 5, listing the information identified along with a list of countries that do not provide adequate information.

  

The Secretary of State will then request that all foreign governments that do not supply such information regarding their nationals begin to do so within 50 days of notification. After that 50-day period, the Secretary of Homeland Security shall submit to the President a list of countries recommended for inclusion in a Presidential Proclamation to prohibit the entry of "appropriate categories" of foreign nationals from those countries until they supply the information, the Secretary of Homeland Security certifies that they have an adequate plan to do so, or the country has adequately shared information through other means. The Secretaries of State and Homeland Security and the Attorney General may also submit to the President, either at that time or at any time in the future, additional countries for which any of them recommend other lawful restrictions or limitations are deemed necessary for the security or welfare of the United States, and may also recommend to the President that countries be removed from the Proclamation.

  

Implementation of Uniform Screening and Vetting Standards for All Immigration Programs. The Secretaries of State and Homeland Security, along with the Attorney General and the Director of National Intelligence, are ordered to implement a program as part of adjudication processes to identify any individuals who seek to enter the United States on a fraudulent basis or with the intent to cause harm.

  

Realignment of the U.S. Refugee Admissions Program. Refugee travel into the United States and decisions on applications for refugee status will be suspended for 120 days from March 16. During this suspension, the refugee application and adjudication process will be reviewed to determine what additional procedures are needed to ensure that individuals seeking admission as refugees do not pose a threat to the security and welfare of the United States, and those new procedures shall be implemented. An exception is granted for applicants who, prior to March 16, were formally scheduled for transit by the Department of State. Furthermore, the Secretaries of State and Homeland Security may jointly determine to admit individuals into the United States as refugees on a case-by-case basis, in their discretion, provided such entry is in the national interest and does not pose a threat to the security or welfare of the United States.

  

Additionally, refugee admissions for FY2017 will be limited to 50,000 (reduced from President Obama's goal of 110,000).

  

The EO further orders the Secretary of State to examine existing law to determine the extent to which, consistent with applicable law, state and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions.

Additional Provisions. The following additional provisions of the new EO are consistent with the January 27 EO: