New Travel Ban Issued Today

President Trump signed a new executive order instituting a new travel ban slightly different than the last one.  Below is a list of the major parts of the law, and how they are different from the previous order:

  1. The ban is only against six countries, not seven.  The ban covers nationals of Sudan, Yemen, Somalia, Iran, Syria and Lybia.  Iraq, while called out for increased vetting, is not part of the actual ban itself. 
  2.  While Iraq is removed from the ban, there will be additional vetting.  Specifically, additional checks in regards to whether the person has any contacts with ISIS or other terrorist organizations.

  3. The ban specifically excludes: green card holders; those whith current visas; those who had a current visa as of the date of the first executive order, or as of March 6, 2017; dual citizens as long as they do not travel on the passport of one of the six listed countries; asylees, refuges already admitted to the US, and individuals granted withholding of removal or protection under the Convention Against Torture.

  4. The ban is still for 90 days while new vetting procedures are being developed.

  5. There will be a worldwide review of documentation needed for proper adjudication of visas.  A list of countries that do not provide such documentation shall be made.  Those countries shall be contacted and informed of the documentation needed for such vetting.  If the countries do not provide the documentation, they may be addded to the list of countries in the ban, and the ban will extend to those countries until they agree to provide the required documentation.

  6. A full waiver process has been developed.  You are able to apply at the consulate when you apply for a visa and several grounds for the waiver are listed (if you have previously been admitted, you are seeking admission to resume previous activity and denial of admission would impair that activity, family visits to US Citizens and permanent residents and those on temporary visits, etc.).

  7. Refugee admission will be limited to 50,000 and all refugee admissions (except for those who have already been approved to enter the US) for 120 days.

  8.  The completion of the biometric entry/exit system will be expedited.

  9.  All persons seeking a US Visa will need to be interviewed.

  10.  The provisions of the previous order regarding making public information about those foreigners in the US charged or convicted of terrorist related charges was kept in this order as well.

  11.  All persons with visas revoked because of the previous executive order are entitled to a travel document confirming that they are permitted to travel to the US and the revocation (as long as it was solely because of the executive order) cannot be used in the future to deny entry or admission to the US.

  12.  The previous order is revoked.

  13.  The new order goes into effect as of March 16, 2017.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you. 

Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC.

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