On, March 6, 2017, President Trump signed a new version of the Executive Order that temporarily suspends travel from certain designated countries. The new Executive Order, which will go into effect on March 16, 2017, revises provisions of the first Executive Order signed on January 27, 2017 that were subject to litigation in federal courts and ultimately enjoined by the Federal District Court in the State of Washington and the Ninth Circuit Court of Appeals. As the revised Executive Order automatically revokes the prior Executive Order signed on January 27, 2017, it is widely believed that the injunction order and ongoing case before the courts is now moot.
While the revised Executive Order continues to impose a 90-day ban on travel or entry into the United States for individuals from the designated countries, as well as the suspension of the Visa Interview Waiver Program, there are notable differences in the revised version.
The new Executive Order removes Iraq from the designated countries and now only applies to the remaining six designated countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen. However, the new Executive Order permits the inclusion of additional countries for similar treatment if such countries do not provide requested information on its nationals within a 60-day period.
Upon the effective date of March 16, 2017, the new Executive Order will temporarily suspend the issuance of visas and travel to the United States for 90 days, and will revoke visas that were issued after January 27, 2017 for nationals/citizens of the six designated countries who are outside the United States on the effective date. Visas that were issued prior to 5:00pm on January 27, 2017 however will remain valid for travel and entry to the United States. The new Executive Order also confirms that the travel restriction does not apply to lawful permanent residents, dual nationals who present passports from non-designated countries for entry, individuals with advance parole documents, asylees, or to foreign nationals who are admitted to the United States on or after the effective date.
Waivers for entry will be provided for certain individuals who have previously been admitted with nonimmigrant visas and are returning to the United States, individuals who have significant business or professional obligations in the United States, individuals visiting close family members who are US citizens, lawful permanent residents or lawfully admitted nonimmigrants, and individuals with special circumstances, such as infants, children or adoptees, or individuals needing urgent medical care. These waivers will be decided on a case-by-case basis.
Additionally, the new Executive Order removes the indefinite ban on Syrian refugees and now imposes the 120-day suspension applied to all six designated countries.