On March 06, 2017, President signed a new Executive Order replacing the previous EO.
On Monday, March 06, 2017, the President signed a new "Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States" (to replace the previous EO, so called "Travel Ban" or "Muslim Ban" which was placed on hold by the courts).
New executive order narrowed a scope of the travel ban to block only new applicants for visas from 6 countries (LIst of Six instead of List of Seven), and removed Iraq from its coverage.
The new order, which goes into effect one minute after midnight on March 16, 2017, prohibits entry into the United States for citizens of six countries—Iran, Libya, Somalia, Sudan, Syria, and Yemen—for 90 days for those who do not already hold a valid visa. Iraq was removed from the "List of Seven".
New visas will not be issued and expired visas will not be renewed for citizens from the six countries during the 90-day period.
DHS had clarified the new ban: "If you're in the United States on the effective date of this order, which is March 16 2017, it does not apply to you. If you have a valid visa on the effective date of this order, it does not apply to you."
Like its predecessor, the new order shuts down the U.S. Refugee Admissions Program for 120 days, effectively halting the admission of new refugees into the United States for four months. But March 6th order no longer includes the January 27 2017 order’s permanent ban on Syrian refugee admissions. Syrian refugees resettlement is temporarily halted for 120 days (not permanently as it was in the previous EO).
The new executive order will not apply to anyone who already holds a green card or a valid U.S. visa or has been granted official refugee or asylum status.
The new executive order restores visas that were revoked “as a result of” the previous order.
Sec.12 (d): "Any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 shall be entitled to a travel document confirming that the individual is permitted to travel to the United States and seek entry. Any prior cancellation or revocation of a visa that was solely pursuant to Executive Order 13769 shall not be the basis of inadmissibility for any future determination about entry or admissibility."
And it removes Iraq from the list of targeted countries, creating a "List of Six" from the previous "List of Seven".
Moreover, the new order expands the government’s ability to issue “case-by-case waivers” to immigrants affected by the ban. The old ban allowed these waivers only when they were “in the national interest”. Under the new order, Customs and Border Protection agents, as well as consular officers, may grant a waiver to immigrants from the six targeted countries if they fall under a number of categories.
Those waiver categories include:
- foreign students stranded outside the United States on the day the order is signed;
- immigrants with “previously established significant contacts” with the U.S. who are outside the country when the order is signed;
- foreign nationals with “significant business or professional obligations” in the U.S.;
- foreign nationals “seeking to enter the United States to visit or reside with a close family member … who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa”;
- children and those in need of “urgent medical care", or “someone whose entry is otherwise justified by the special circumstances of the case”; and
- immigrants who have previously served on behalf of the U.S. government (if they can prove their service).
The updated and revised executive order on immigration took into consideration many legal objections to its predecessor, and the court of appeals decision. However, the second revised EO is not immune to litigation. We will keep you posted.
#EO #executiveorder #travelban #muslimban
On Monday, March 06, 2017, the President signed a new "Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States" (to replace the previous EO, so called "Travel Ban" or "Muslim Ban" which was placed on hold by the courts).
New executive order narrowed a scope of the travel ban to block only new applicants for visas from 6 countries (LIst of Six instead of List of Seven), and removed Iraq from its coverage.
The new order, which goes into effect one minute after midnight on March 16, 2017, prohibits entry into the United States for citizens of six countries—Iran, Libya, Somalia, Sudan, Syria, and Yemen—for 90 days for those who do not already hold a valid visa. Iraq was removed from the "List of Seven".
New visas will not be issued and expired visas will not be renewed for citizens from the six countries during the 90-day period.
DHS had clarified the new ban: "If you're in the United States on the effective date of this order, which is March 16 2017, it does not apply to you. If you have a valid visa on the effective date of this order, it does not apply to you."
Like its predecessor, the new order shuts down the U.S. Refugee Admissions Program for 120 days, effectively halting the admission of new refugees into the United States for four months. But March 6th order no longer includes the January 27 2017 order’s permanent ban on Syrian refugee admissions. Syrian refugees resettlement is temporarily halted for 120 days (not permanently as it was in the previous EO).
The new executive order will not apply to anyone who already holds a green card or a valid U.S. visa or has been granted official refugee or asylum status.
The new executive order restores visas that were revoked “as a result of” the previous order.
Sec.12 (d): "Any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 shall be entitled to a travel document confirming that the individual is permitted to travel to the United States and seek entry. Any prior cancellation or revocation of a visa that was solely pursuant to Executive Order 13769 shall not be the basis of inadmissibility for any future determination about entry or admissibility."
And it removes Iraq from the list of targeted countries, creating a "List of Six" from the previous "List of Seven".
Moreover, the new order expands the government’s ability to issue “case-by-case waivers” to immigrants affected by the ban. The old ban allowed these waivers only when they were “in the national interest”. Under the new order, Customs and Border Protection agents, as well as consular officers, may grant a waiver to immigrants from the six targeted countries if they fall under a number of categories.
Those waiver categories include:
- foreign students stranded outside the United States on the day the order is signed;
- immigrants with “previously established significant contacts” with the U.S. who are outside the country when the order is signed;
- foreign nationals with “significant business or professional obligations” in the U.S.;
- foreign nationals “seeking to enter the United States to visit or reside with a close family member … who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa”;
- children and those in need of “urgent medical care", or “someone whose entry is otherwise justified by the special circumstances of the case”; and
- immigrants who have previously served on behalf of the U.S. government (if they can prove their service).
The updated and revised executive order on immigration took into consideration many legal objections to its predecessor, and the court of appeals decision. However, the second revised EO is not immune to litigation. We will keep you posted.
#EO #executiveorder #travelban #muslimban
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