Trump signs revised travel ban

President Donald Trump signed an Executive Order Monday morning, replacing a Jan. 27 travel ban that stalled in federal court. The revised order will take effect March 16 and will halt visa issuance to nationals of six countries—Iran, Libya, Somalia, Sudan, Syria and Yemen—for 90 days.

Key points:

• Iraqi nationals, who were included in Trump’s initial order, will be exempted under the revised order.
• All visas that are currently valid will remain valid, including those for nationals of the six countries covered by Monday’s order. Visas that would have been revoked under the Jan. 27 order will also remain valid.
• Green card holders are exempt from the order.
• Nationality will be determined based on the passport a traveler presents when traveling. This means that dual nationals of one of the six countries and another country should be admitted to the U.S. if they present a passport for the country that is not covered by the order.
• The Department of Homeland Security and State Department consular officers may grant waivers on a case-by-case basis if a foreign national can demonstrate that his or her entry into the U.S. is in the national interest, does not pose a threat to national security and that denying entry would cause undue hardship. If the waiver is approved for visa issuance, it would remain in effect for the validity of the visa.

Background: Trump signed an Executive Order Jan. 27, denying entry to the U.S. to nationals of seven countries. Several federal courts put portions of the order on hold, however, and after the Ninth Circuit court of appeals upheld a nationwide injunction, the Trump administration set about revising the order. Monday’s order was drafted in part to survive legal scrutiny, but additional litigation is expected. The March 16 effective date should give courts enough time to review the legality of the order before it takes effect. For additional information on Monday’s Executive Order, please see DHS’s fact sheet and Q&A.

BAL Analysis: BAL will continue to analyze Monday’s order and provide updates on its expected impact. From now until March 16, foreign nationals should continue to be able to enter the U.S. under the rules that were in place before the initial Executive Order was signed. Employers with personnel inside the U.S. who would be subject to the new order, however, should continue to advise employees to exercise caution in planning travel.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.

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