“Protecting the Nation from Foreign Terrorist Entry into the United States" - March 6, 2017, Executive Order

August 3rd, 2017

On March 6, 2017, President Trump signed a new executive order with the same title, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The new Order:

  1. Takes effect on March 16, 2017 and expressly revokes the January 27, 2017 Order.
  2. Prohibits entry into the U.S. by immigrants and visitors from six predominantly Muslim countries without requiring any individualized determination based on specific intelligence that the individuals are a security risk.
  3. Exempts certain categories of people, including lawful permanent residents (LPRs) and dual nationals traveling on a passport from a country that is not one of the six designated countries.
  4. Suspends refugee resettlement to the United States for 120 days and drastically reduces the number of refugees that the US Refugee Assistance Program (USRAP) will resettle in fiscal year 2017 from 110,000 to 50,000. Syrian refugees are no longer indefinitely banned under the new order, though they are subject to the 120-day suspension of the refugee program.
  5. No longer gives preference to individuals facing religious persecution who practice minority religions in their country of nationality.
  6. Iraq, which was included in the first order, is not included in the new Order, although Iraqi nationals will be subjected to additional scrutiny.

Who the Order Applies To:

Foreign nationals of the designated counties who:

  • Are outside the U.S. on 3/16/17,
  • Did not have a valid visa at 5pm EST on 1/27/17, AND
  • Do not have a valid visa on 3/16/17

Who the order DOES NOT Apply To:

  • LPRs
  • Foreign nationals admitted or paroled in the U.S. on or after 3/16/17
  • Foreign nationals who have travel or admission documents to the U.S., other than a visa, which are valid on or after 3/16/17
  • Dual nationals of one of the designated counties, who travel on a passport issued by a non-designated country
  • Foreign national traveling on diplomatic of diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1, G-2, G-3 or G-4 visa
  • Foreign nationals who were granted asylum
  • Any refugee who was already admitted to the U.S., or
  • Any individual granted withholding of removal, advance parole, or protection under the Convention Against Torture.

Who May Be Eligible for a Waiver:

A consular officer, or where appropriate, the Commissioner of CBP or the Commissioner’s delegee may decide on a case-by-case basis to issue a visa to, or permit the entry of, a national of one of the prohibited counties if:

  • The national has demonstrated to the officer’s satisfaction that denying entry would cause undue hardship,
  • That his or her entry would not pose a threat to national security, AND
  • Would be in the national interest