USA: President Trump’s Travel Ban and Subsequent Legal Block

January 30, 2017


As a result of an Executive Order (EO) signed by US President Donald Trump on Friday 27th January 2017, nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen are temporarily suspended from entering the United States. This includes dual nationals of the above countries.

It is expected that the travel ban is for a period of at least 90 days. At present, it is unclear if individuals who were born in one of the above countries, or who have strong ties to that nation, will also be subject to the ban even if they don’t hold a passport from that nation. Nationals who are subject to the ban who are currently residents in the United States are advised to avoid international travel until the ban is lifted.

At present, many travellers from the seven affected countries are being detained by US Customs and Border Protection at several US airports or are simply being refused to board by their airline.

For the full details of the Executive Order, titled Protecting The Nation From Foreign Terrorist Entry Into The United States, please click here.

Key Points

  • A 90-day suspension on the issuance of US visas and entry to the United States of any national of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
  • A 120-day suspension of the US Refugee Admissions Program (USRAP).
  • When an individual is applying for a visa, the US Department of Homeland Security (DHS) will now require further information in order to determine the identity of any applicant to ensure they are not considered a “security or public safety threat”. This report must be submitted within 30 days and must disclose any countries that do not provide the required information.
  • All individuals applying for visas will now need to attend in person at a US consulate, rather than mailing in their applications or using the drop-box.

As a result of the above, anyone applying for a US visa should expect processing delays due to the high level of additional administration.

Newland Chase will continue to monitor this situation closely and report any further updates, however, anyone with impending travel to the US who is concerned they may be affected by the above are encouraged to contact their airline to ensure they will be permitted boarding.

UPDATE: 6th February 2017

Please note that on 3rd February, after this article was published, a federal judge issued a Temporary Restraining Order (TRO) with nationwide effect, blocking the Trump Administration’s Executive Order on travel and visa issuance. This TRO means that visas which were provisionally cancelled should now be valid for use. The US Government appealed this decision, but was subsequently denied its emergency request to resume the ban.

On 4th February, the DHS “…suspended any and all actions implementing the affected sections of the Executive Order entitled, Protecting the Nation from Foreign Terrorist Entry into the United States. This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order. DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.”

However, our advice is still for anyone with impending travel to the US who is concerned they may be affected by the above to contact their airline to ensure they will be permitted boarding, as this situation is in a transitional state.

For further advice and assistance regarding US immigration, please contact us at [email protected].