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Travel Advisory after Trump Executive Order

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.

Jackson Lewis P.C. © 2020National Law Review, Volume VII, Number 30

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About this Author

Michael H. Neifach, Jackson Lewis, Employment visa Lawyer, border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

(703) 483-8300
Amy L. Peck, Immigration Attorney, Jackson Lewis, Worksite Compliance Lawyer
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National Verification Committee, which liaises with USCIS, ICE and OCAHO on I-9, E-verify and related worksite issues. Ms. Peck recently served on the AILA National USCIS Benefits Committee, the Interagency Committee, the Annual Conference Committee, previously chaired the AILA FOIA Liaison Committee, the AILA Comprehensive Reform Committee (2010-2011) and is a founding member of the Global Migration Action Group (2009 to present). She served as Chair of the AILA National Executive Office for Immigration Review (EOIR) liaison committee (2008-2010). Ms. Peck also served as Chair of the Strategic Planning Committee for AILA (2008-2009) and served on the Spring Conference committee (2008-2010). She was chosen as the editor of the AILA Midyear Conference materials in 2010, and past Chair of the Immigration and Customs Enforcement (ICE) liaison committee (2004-2006). She is past Chair of the AILA Iowa-Nebraska chapter (2001-2003), and previously served as its treasurer (1999-2000).

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