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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 material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

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