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Yesterday, January 27, 2017, President Donald Trump signed and handed down the controversial executive order, “Protecting the Nation from Terrorist Attacks by Foreign Nationals” on immigration to protect the nation from terrorist attacks by foreign nationals. Among its main provisions the order suspends IMMIGRANT AND NON-IMMIGRANT entry of foreign nationals from countries of “particular concern” including Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen for 90 days, indefinitely suspends Syrian refugees from entering the United States until the U.S. refugee admissions program has been overhauled, and terminates the visa waiver interview process. The temporary ban will affect all non-U.S. Citizens from Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen including green card holders and valid U.S. visa holders. Foreign nationals of these countries will not be allowed to return to the United States for a period of 90 days, after temporary foreign travel, even if they are green card holders or visa holders. For this reason, if you are a foreign national from one of these countries, you should not engage in temporary foreign travel until the temporary ban has been lifted. Visa and green card holders already in the United States will be allowed to remain without problems.

An exemption has been drawn for immigrants and legal permanent residents whose entry is in the U.S. national interest, however it is not yet clear how that exemption will be applied.

Below is a summary of the main provisions of the order per the OFFICIAL signed copy.

To read the complete version please click here.

  1. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern
  • The immigrant and nonimmigrant entry into the United States of aliens from countries designated (including Syria, Iraq, Iran, Libra, Somalia, Sudan, and Yemen) is suspended for 90 days from the date of the order January 27, 2017 (excludes foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, and C-2 visas for travel to the United Nations). This means that if you are a citizen of a country of “particular concern” as outlined above, you will NOT be allowed to re-enter the United States, after temporary foreign travel, until the ban has been lifted, even if you are a legal permanent resident (immigrant) or holder of a valid visa. If you are a foreign national of one of the above countries and you are an immigrant (green card holder) or non-immigrant (valid visa holder), you must NOT travel internationally. Otherwise, you will risk being denied re-entry.
  • The Secretary of State and Homeland Security may submit to the President the names of additional countries who pose a security risk and are recommended for suspension.
  • The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, must immediately conduct a review to determine the information needed from any country for adjudication of any visa, admission, or other benefit under the INA adequate to confirm the identity of the individual seeking the benefit and ensure that they are not a security or public-safety threat to the United States.

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President Donald Trump is expected to hand down a controversial Executive Order on immigration within the coming days to protect the nation from terrorist attacks by foreign nationals. Although the Trump administration has not made a formal announcement regarding the proposed order yet, a leaked, unsigned copy of the President’s order has been making the rounds. We do not know whether the President has made any modifications to the order since its leak, and we do not know when exactly the order will be issued. One thing is clear, an executive order on immigration is imminent. It is rumored that the executive order will include a temporary ban on refugees, the suspension of issuance of visas for citizens of Syria and six other Middle Eastern and African countries, which are rumored to include Iraq, Iran, Libya, Somalia, Sudan and Yemen, collectively referred to as “countries of particular concern,” as well as the end of Syrian refugee processing, and the visa interview waiver program.

The passage of such an executive order although extremely controversial and unpopular, would be within the President’s executive power, if his administration determines that limiting refugee admissions temporarily and restricting the issuance of visas to persons from specific countries is of significant public interest to the United States to combat the war on terror. The administration would need to balance our country’s need to secure its borders against terrorism with the need to resolve the global humanitarian crisis we face today. Donald Trump has already passed a series of executive orders on border security and immigration enforcement authorizing the construction of a U.S.-Mexico border wall, withholding federal grant money for sanctuary cities, hiring 5,000 Border Patrol agents, reinstating local and state immigration enforcement partnerships, and ending the “catch-and-release” policy for undocumented immigrants.

The leaked copy of the executive order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” gives two policy reasons for enacting the executive order. First, the purpose of the order is to protect American citizens from foreign nationals who intend to enter the United States to commit acts of terrorism. Second, the order serves to prevent the admission of foreign nationals who intend to enter the United States to “exploit” the country’s immigration laws for malevolent purposes. The order highlights that following the September 11 attack on the World Trade Center, hundreds of foreign nationals have successfully entered the United States on an asylum, visitor, student, or employment visa, and have been subsequently convicted or implicated in terrorism related crimes. The order goes on to blame the State Department’s consular officials for their failure to scrutinize the visa applications of the foreign nationals who went on to commit the September 11 attacks, which resulted in the deaths of thousands of Americans.

The main provisions of the leaked order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” are as follows:

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On January 21, 2016 the Department of Homeland Security confirmed that the Visa Waiver Program Improvement and Terrorist Travel Prevention Act would begin to be implemented. As a result of the recent terrorist attacks in San Bernardino county and abroad, Congress passed the Act in an effort to protect Americans from potential attacks and to secure the border. The Act increases travel restrictions for certain nationals seeking admission to the United States via the Visa Waiver Program.

Presently, the Visa Waiver Program allows nationals from 38 designated countries to travel and seek admission to the United States without a visa, for a maximum duration of 90 days. Visa Waiver Program travelers must have an approved Electronic System for Travel Authorization (ESTA) before travel.

As of January 21, nationals of visa waiver participating countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 will no longer be eligible to travel or seek admission to the United States under the visa waiver program.  Nationals from visa waiver participating countries who maintain dual nationality with any of the aforementioned countries, are also excluded from traveling or seeking admission to the United States under the visa waiver program. Instead, these individuals must apply for a tourist visa at a United States Consulate or Embassy abroad before seeking admission to the United States. Part of this process will require a nonimmigrant interview to be conducted, before issuance of a tourist visa. DHS expects that this new legislation will not adversely impact visa waiver program travelers, since the Act does not ban these individuals from traveling to the United States, rather it removes the privilege of traveling under the visa waiver program, and requires these individuals to apply for a tourist visa.

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