Trump travel ban suspended as Department of Homeland Security follows Judge's Order
07 February 2017
U.S. law firm Masuda Funai provides an advisory on the latest developments around the Trump executive order attempting to ban immigration from specific Muslim-majority countries for 90 days
Kathleen Gaber, partner at Chicago law firm Masuda Funai, and a key member of our Global Mobility Services Group, provides information on the Trump Executive Order affecting entry into the United States for foreign nationals from specific Muslim-majority countries.
The information below is subject to change and is intended to provide information to assist with immigration and visa processing.
Department of Homeland Security follows Judge's order to suspend implementation of travel ban
On February 4, 2017 the U.S. Department of Homeland Security ("DHS") announced that it would comply with the ruling from the United States District Court for the Western District of Washington which issued a Temporary Restraining Order prohibiting the federal government from enforcing certain sections of the Executive Order.
The seven countries that are affected
The ruling, which applies nationwide, prohibits the enforcement of the 90-day travel ban on immigrants and non-immigrants from the seven restricted countries, and select provisions of the refugee program. The seven countries are: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.
The impact of the Temporary Restraining Order
As a result of the Order, the U.S. Department of State ("DOS") confirmed that visas that were provisionally revoked as a result of the Executive Order were reinstated and valid for travel. The U.S. Customs and Border Protection ("CBP") was instructed to resume inspection of all travelers pursuant to standard policies and procedures and notify all airline carriers to board passengers pursuant to standard policy.
Moreover, CBP confirmed that individuals who had arrived in the U.S. immediately following the execution of the Executive Order and who had their visas physically cancelled would not need to reapply for a new visa and would be admitted with a waiver, assuming there was no other admissibility issue.
Justice Department's emergency motion denied
On the same day, the Justice Department appealed the District Court's decision to the Ninth Circuit Court of Appeals requesting an emergency motion to stay Judge James Robart's Order. However, the Ninth Circuit Court of Appeals denied the Justice Department's request.
In summary
In summary, the U.S. Customs and Border Protection is currently admitting immigrants, non-immigrants and refugees from the seven restricted countries pursuant to its standard admission policies and procedures. However, this policy can change at any time as the Trump Administration has announced that it will seek to overturn any decision prohibiting the execution of its Executive Order.
For more information about immigration to the U.S.
Please contact Kathie Gaber, partner at Masuda Funai in Chicago, and a key member of the alliance's Global Mobility Services Group.