On Friday, January 27, 2017, President Trump signed an executive order titled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”  The Executive Order was effective immediately and the Department of Homeland Security began detaining arriving individuals and removing travelers who are affected by the order.

The Executive Order implements a 90 day “suspension” from entry to the US for nonimmigrants (B-1’s, H-1B’s, L-1’s, E-1’s, TN’s, O-1’s, J-1’s, F-1 OPT’s) “from” certain countries.  These countries currently consist of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.  The Secretary of Homeland Security has indicated that the admission of U.S. lawful permanent residents is in the national interest and those individuals may be admitted on a case-by-case basis.

The Executive Order does not define what “from” certain countries means.  The Department of Homeland Security clarified that nationals from one of the above countries who are naturalized U.S. citizens or persons who hold dual citizenship (e.g., US/Syria, Germany/Syria, Canada/Syria) are allowed to travel to the United States, as long as they do not use a passport from one of the affected countries as their travel document.  Despite this clarification, there are reports of affected dual nationals being detained and questioned.  As a result, travelers should anticipate possible questioning by US Customs and Border Protection (CBP) officers at US ports-of-entry and pre-flight inspection where available at international airports.

There is a narrow grant of discretion given to the Secretary of State and Homeland Security who may, “on a case-by-case basis, and when in the national interest,” issue visas and/or other immigration benefits to nationals of countries for which visas and benefits have been blocked.

After 90 days, travel will not be automatically reinstated.  Instead, per other requirements in the Executive Order, the Department of Homeland Security is required to report whether countries have provided information "needed … for the adjudication of any … benefit under the INA … to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat."  If not, the country has 60 days to comply, or the travel ban becomes indefinite.

We will provide more information as it becomes available.