D&S Immigration Update Regarding Trump Administration's Executive Order: "Protecting the Nation from Foreign Terrorist Entry Into the United States."

On Friday, January 27, 2017 President Trump signed an Executive Order relating to visa issuance, screening procedures, and the admission of refugees. The Executive Order is titled “Protecting the Nation from Foreign Terrorist Entry Into the United States.” Among other immigration restrictions, Section 3 of the Executive Order, "suspends" the immigrant and nonimmigrant entry of nationals from certain designated countries for 90 days from the date of the order. The list of designated countries includes Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. It is important to note that travel will not be automatically reinstated after the 90 day period. Instead, The Department of Homeland Security (DHS) will be required to report compliance from each of the countries in providing the information "needed … to determine that the individual seeking [entry to the U.S.] is who the individual claims to be and is not a security or public-safety threat." If DHS reports noncompliance, the country would have an additional 60 days to comply, or the travel ban would become indefinite.

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Department of Homeland Security and Department of State Issue Joint Statement Regarding Changes to Visa Waiver Program and Customs and Border Protection Issues Updated FAQs

As part of the 2016 Consolidated Appropriations Act, Congress enacted certain changes to the Visa Waiver Program (VWP) in legislation entitled the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, which restrict use of the program by dual nationals of a VWP country who are also nationals of Iraq, Syria, Iran, and Sudan or VWP national who have traveled to those countries at any time on or after March 1, 2011.  Under the new rule, such individuals are unable to use VWP and must apply for a B1/B2 visitor visa before traveling to the United States as a visitor.  On January 21, 2016, the Department of Homeland Security (DHS) and the Department of State (DOS) released a Joint Statement (LINK PDF) discussing these new changes.  Customs and Border Protection (CBP) has also issued updated FAQs addressing how the new legislation will impact admission of individuals who fall under the VWP restriction. 

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