I’m sure you all have heard by now that President Trump issued an issued an Executive Order on January 27, 2017 entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” Here is a quick overview of where the order stands this morning:
The order suspends the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), for 90 days on the grounds that it would be “detrimental to the interests of the United States” (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).
As of the evening of January 27, 2017, all U.S. embassies and consular posts were instructed to immediately suspend the issuance of nonimmigrant and immigrant visas for nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. In addition, contractors have been instructed to cancel visa interviews for affected individuals. The Department of State issued an urgent notice stating that, if you are a citizen of one of these countries, “please do not schedule a visa appointment or pay any visa fees at this time. If you already have an appointment scheduled, please DO NOT ATTEND. You will not be permitted entry to the Embassy/Consulate. ”
Since Friday, a federal judge in the Eastern District of New York issued an order granting a nationwide stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the Executive Order. A federal court in Massachusetts barred federal officials from detaining or removing individuals subject to the order. A Virginia court ordered federal officials to provide lawyers access to “all legal permanent residents being detained at Dulles International Airport” and barred officials from deporting covered individuals for the next seven days. A federal judge in Washington barred the federal government from deporting two unnamed individuals from the United States.
The Department of Homeland Security has since put out the following statement:
The Department of Homeland Security will continue to enforce all of the president’s Executive Orders in a manner that ensures the safety and security of the American people. The president’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. The president’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America’s borders and national security.
Approximately 80 million international travelers enter the United States every year. Yesterday, less than one percent of the more than 325,000 international air travelers who arrive every day were inconvenienced while enhanced security measures were implemented. These individuals went through enhanced security screenings and are being processed for entry to the United States, consistent with our immigration laws and judicial orders.
The Department of Homeland Security will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism. No foreign national in a foreign land, without ties to the United States, has any unfettered right to demand entry into the United States or to demand immigration benefits in the United States.
The Department of Homeland Security will comply with judicial orders; faithfully enforce our immigration laws, and implement the president’s Executive Orders to ensure that those entering the United States do not pose a threat to our country or the American people.
A press statement from Secretary Kelly of the Department of Homeland Security clarified the order specifically as it relates to green card holders from the affected countries: “I hereby deem the entry of lawful permanent residents to be in the national interest.” DHS has since confirmed that “absent significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.”
DHS is working closely with airline partners to prevent travelers who would not be granted entry under the executive orders from boarding international flights to the U.S. Therefore, they do not anticipate that further individuals traveling by air to the United States will be affected.
In addition to the above, the Executive Order immediately suspended the Visa Interview Waiver Program and will now require that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.
With all of this going on, the number one question I am getting is “Should I travel?”
Of course, it depends on your specific situation, and you should discuss any travel plans with a qualified immigration attorney to understand the risks and make an informed decision. The discussion below is intended for those who are employment-based visa holders, such as H-1B and L-1 and dependents.
If you are currently in the U.S. and planning to travel, but would require a new visa stamp in order to return to the U.S., you may want to re-consider your travel plans. While there is nothing in the Executive Orders prohibiting you from travel or obtaining a visa (assuming you are not from one of the affected countries), the elimination of the Visa Interview Waiver Program, i.e. the drop-box for visa renewals at the consulate, means that there will likely be delays in obtaining visa interview appointments and delays in visa processing. You may end up stuck outside the U.S. for some time and unable to return while you wait for the visa stamp.
If you do not require a new visa stamp to travel, you should be able to do so, but may want to be prepared for extra delays at the airport. That being said, if your travel is not essential, you may want to avoid it for the time being.
If you are already outside the U.S. and already have your visa interview scheduled, you most likely should be able to proceed.
Again, it is important that you discuss your specific situation with a qualified immigration attorney. I also want to stress the importance of remaining calm and not relying on rumors. Over the weekend and in the coming months, I expect there will be many rumors of people who are not subject to the Executive Order being detained at airports or denied the visa stamp at the consulate. I caution you to not believe everything you hear and try to verify the information before believing it and especially before sharing it. I want everyone to be informed and educated on these issues, but fear and stress often cause rumors to spread and situations to be blown out of proportion. I’ll post more information as it becomes available.