Late on Friday, January 27, 2017, President Trump signed an Executive Order immediately suspending the ability of citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to enter the United Sates for a period of 90 days. Titled “Protection of the Nation from Foreign Terrorist Entry into the United States,” the Order also suspended the visa interview waiver program for all U.S. visa applicants regardless of country of nationality or citizenship. The terms of the Executive Order included all immigrants and nonimmigrants which covers those with temporary visas such as those with visitor visas (B1/B2), work visas (H-1Bs and Ls, etc.), students (F and Js) as well as U.S. permanent residents (green card holders). It also includes individuals who are dual citizens and hold passports from a designated country, such as a person with both a U.K. and Iraqi passport.
The implementation of this Executive Order without any advance notice created chaos this weekend as some travelers with visas were turned away at the border, while others were detained and still others were not allowed to board planes bound for the United States. Beginning Friday night, at least four federal judges have issued injunctions blocking parts of the Executive Order. Despite these court actions and the argument that the Executive Order prohibited even U.S. green card holders from the banned countries from re-entering the United States if they happen to be traveling when the Executive order was signed, the Department of Homeland Security (DHS) on Sunday morning indicated it would fully enforce the Executive Order.
As protests continued at airports across the nation yesterday, the White House Chief of Staff clarified that “going forward” U.S. permanent residents who happen to also be citizens of the banned countries would not be barred from returning to the United States. However, the situation is fluid as the courts and the respective federal agencies continue to weigh in on what the Executive Order requires and how or whether it will be fully enforced.
Employer Take Away: In the meantime, employers should expect longer processing times for all existing visas due to the suspension of the Visa Interview Waiver Program (VIWP). VIWP is not to be confused with the Visa Waiver Program (ESTA) which remains intact. Employers should also be cognizant of any travel plans by their foreign national employees, particularly if they are from one of the seven identified countries. Until it is clear what impact this Executive Order will have on the ability of any foreign national to re-enter the United States after a trip abroad, any planned foreign travel should be carefully considered in light of the Order.
