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Travel Advisory after Trump Executive Order

By Michael H. Neifach and Amy L. Peck
  • January 30, 2017

The “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order signed by President Donald Trump on January 27, 2017, has had immediate effects on individuals from seven countries:

  1. Iraq
  2. Iran
  3. Libya
  4. Somalia
  5. Sudan
  6. Syria
  7. Yemen

Being “from” one of these countries can include nationals, passport holders, and dual nationals. This order should not affect U.S. citizens, regardless of their country of origin. Pursuant to the E.O., individuals from these countries will not be allowed to enter the United States for 90 days from issuance of the E.O.

Additional important details include:

  • The 90-day ban initially included Lawful Permanent Residents with approved Green Cards, and, in fact, Lawful Permanent Residents in transit back to the U.S. when the E.O. was signed were not allowed to reenter the U.S. However, Secretary of Department of Homeland Security John Kelly said that returning Green Card holders will not be excluded on the basis of the ban. While the E.O. does not apply to individuals who have simply travelled to the seven countries, those who have may be subject to additional questioning upon reentry.
  • Individuals from these seven countries who are in the U.S. are advised not to travel internationally until consulting further with counsel.
  • Consulates will cease processing all immigration benefits, including immigrant and non-immigrant visas, for individuals from the seven countries for at least 90 days.
  • Airlines may not allow individuals from the seven countries to board flights to the U.S. for at least 90 days, notwithstanding that their visa remains valid.
  • Based upon court-granted temporary restraining orders (TROs) issued after January 27, individuals from the seven countries who are able to travel to the U.S. may be subject to detention, but will not be subject to expedited removal as long as the TROs remain effective.
  • The E.O. also affects refugees from all countries who are expected to be barred from entry for at least 120 days.
  • Refugees from Syria are barred from entry indefinitely.
  • Individuals from all countries will be required to have in-person interviews prior to the issuance of any visa. Visa Waiver Interview/Dropbox Programs have ended. If you have already submitted a Dropbox application, please check the Consulates website and expect to be scheduled for an interview.

The situation is in flux and is subject to change without notice. Caution is advised. If you are from an affected country, you should contact your Jackson Lewis attorney for advice.

©2017 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

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