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.
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.
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)
