[author: Laura Anne Schierhoff]

The American Immigration Lawyers Association (AILA) anticipates that an Executive Order (EO) will soon be signed by President Trump, which relates to visa issuance, screening procedures, and refugees. AILA reports that a leaked, unsigned copy of the EO entitled “Protecting the Nation From Terrorist Attacks by Foreign Nationals” has been circulated. The EO is not final or signed by the President yet, but it does shine a light on what the final EO may look like. Among the provisions, Section 3 of the draft EO would “suspend” the immigrant and nonimmigrant entry of nationals from certain designated counties for 30 days from the date the EO is signed. The countries that would be included are Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, with an opportunity for the President to update this list and include additional countries. AILA points out that the draft EO does not define what it means to be “from” a designated country. It could include passport holders, citizens, nationals, dual nationals, etc. AILA further reports that the U.S. Department of Homeland Security “would be 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 would have 60 days to comply, or the travel ban would become indefinite.” This could make it very difficult for people who have recently traveled to or from the listed countries, or hold dual citizenship in these countries. Other sections of the leaked draft EO relate to refugees, and would place a hold on all applications for asylum for 120 days, while the Secretary of State reviews procedures on the intake of refugees. In addition, applications from Syrian refuges would be suspended indefinitely.