SignatureOn Monday, March 6, 2017, President Trump issued a new Executive Order on Travel and a new Memorandum on immigration law enforcement.  The following contains a brief summary of the E.O. and Memorandum:

Executive Order (E.O.)

Designated countries:  Iran, Libya, Somalia, Sudan, Syria, and Yemen (Iraq was included in the first E.O. on Travel Ban but excluded in this one)

Travel Ban:  Starting on March 16, 2017, nationals of designated countries cannot enter the U.S. for 90 days.

Exceptions:

  • S. green card holders from designated countries
  • Individuals who already have valid visas as of the effective date of this E.O.
  • Individuals already in the U.S. with valid visas, parole, or other valid travel documents
  • Dual nationals of designated countries, who are traveling to the U.S. on the passport of a non-designated country
  • Individuals already granted asylum, refugees, diplomat status

Waivers:  Waiver of the travel ban is available on a case-by-case basis, such as the following:

  • Individuals seeking to re-enter the US for the same purpose before they had left the U.S., such as work, study, or other long-term activities
  • Individuals having established significant contacts in the U.S. or significant business or professional obligations in the U.S.
  • Individuals seeking to enter the U.S. to visit or reside with a close family member who is a U.S. citizen or green card holder
  • Infant, young child or adoptee, or individuals who need urgent medical care
  • Individuals who are also landed immigrants of Canada who applied for a visa at a US consulate in Canada
  • Employees of the U.S. government or exchange visitors sponsored by the U.S.

Refugees:

  • Suspend travel of refugees from all countries into the U.S. for 120 days. Limit admission of refugees to 50,000 per year
  • Some exceptions apply

Memorandum

Memorandum directs Secretary of State, the Attorney General, and the Secretary of Homeland Security to “rigorously enforce all existing grounds of inadmissibility and to ensure subsequent compliance with related laws after admission”.

Beginning on April 28, 2017 and by the last day of every month thereafter, the Secretary of State shall publish the number of visas issued by country and category.

The Secretary of Homeland Security shall issue reports on the number of individuals who received permanent residence (green card) by types, class, and nationality every 90 days.

The Secretary of State shall provide a report in 180 days of long term costs of refugee programs

Comments

The E.O. appears to be more thoroughly vetted and carefully crafted to withstand court challenges.  We should anticipate that most provisions, if not all provisions, will survive a lawsuit.

Individuals affected by the E.O. must comply.

We received many calls from individuals not directly affected by the first E.O. who were concerned about their ability to travel.  We anticipate that many who are not directly affected by the E.O. will still feel uneasy about their travel plan to the U.S.  We advise them to ensure they have valid travel documents and be able to articulate clearly their purposes and duration of the visit to the U.S.  The “usual” scrutiny at the airports will apply but they should not be otherwise affected by the new E.O.

It is very clear that the Memorandum mandates immigration agencies to rigorously enforce immigration law and deport individuals from the U.S. who are in violation.  Individuals who are in violation of their status in the U.S. should seek advice on remedying their status.  Employers who have a foreign national workforce should continue to review and ensure their hiring and I-9 policies are in compliance with U.S. Immigration law.

If you have any follow up questions, please do not hesitate to contact Jared Leung, Lorenzo Frausto, and Amanda Frost at Davis Miles McGuire Gardner PLLC at 480-733-6800.  Thank you very much.

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