On Friday, January 27, 2017, an Executive Order was issued by the White House suspending entry into the United States of foreign nationals from Iran, Iraq, Libya, Sudan, Somalia, Syria, and Yemen.

After the implementation of the Executive Order, a number of federal court orders were issued based on lawsuits filed in the wake of the order.

Upon issuance of the court orders, U.S. Customs and Border Protection (CBP) instructed the international airlines to prevent travelers who would not be granted entry under the Executive Orders from boarding international flights to the United States.

The Department of Homeland Security has now been issuing further guidance since this past weekend to clarify how all individuals affected by the Executive Orders, including those affected by the court orders, are “being provided all rights afforded under the law”.

The Departments of Justice and State Department have now also been involved in providing further guidance in implementing the Executive Order. The Justice Department has publicly released a State Department notice from Friday revoking most visas for travelers from seven majority-Muslim countries in accordance with the executive order. The notice “provisionally” cancels visas already issued to citizens of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen, The notice allows for waivers of the revocation “on a case-by-case basis.”

In applying the provisions of the President’s Executive Order, the Department of Homeland Security has declared and conceded that the entry of lawful permanent residents is in the national interest. Accordingly, absent significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in case-by-case determinations.

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Individuals who may be affected by this Executive Order may visit the CBP INFO Center website for additional information.

On the CBP webpage, travelers may also request additional guidance by clicking on the ‘Email us your Question’ button. CBP responses will be sent out via email as well.

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CBP has indicated in the chart below the actions taken in accordance with the Executive Order signed January 27, 2017.

CBP Executive Order Actions

Recommended Denial of Boarding

721

Legal Permanent Resident (LPR) waivers

1,059

Visa holders granted waivers

75

(Statistics are valid as of 1500 hrs, January 30, 2017)

The “Declaration for Interpreted USCIS Interview” (Form G-1256) informs the interviewee about the importance of using a competent interpreter.

The Form G-1256 must be signed by both the interviewee and the interpreter at the beginning of the interview. In addition, the interviewing officer must place both the interpreter and the interviewee under oath before the interview begins.

The form includes an attestation that all parties understand the guidelines that apply to interpretation, including that the interpreter must accurately, literally, and fully interpret for both the interviewee and the interviewer/officer.

This Policy Change is effective immediately. January 17, 2017.

The United States of America and the Republic of Cuba have agreed on January 12, 2017 to modify and end the special parole policy for Cuban nationals who reach the territory of the United States (commonly referred to as the wet foot-dry foot policy), as well as the parole program for Cuban health care professionals in third countries.

The United States, consistent with its laws and international norms, will now apply to all Cuban nationals the same migration procedures and standards that are applicable to nationals of other countries.