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Update on Trump Administration Executive Orders on U.S. Immigration: Court Issues TRO – Halts Travel/Refugee Ban

On Friday, January 27, 2017, the Trump administration issued an Executive Order suspending entry of nationals from seven (7) countries including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for at least 90 days, and suspending admittance of all refugees for at least 120 days. Since the Executive Order was signed, U.S. government agencies have issued various guidance regarding the admittance of travelers, reacting in light of various U.S. Federal Court judicial orders.

Most recently, on Friday, February 3, 2017, a Washington state Federal Judge issued a temporary restraining order with regards to the Executive Order, which will serve to immediately block enforcement of the travel ban on a nationwide basis. As of Friday evening, various government agencies have been in contact with international airlines, confirming the ability of travelers to once again board flights to the U.S. and resume re-entry to the U.S. As a result of the recent court order, travelers should now be able to resume access to board international flights; however, significantly long wait times at U.S. Ports of Entry may result due to extra screening.

It has also been reported that the U.S. Department of State will be reinstating as many as 60,000 to 100,000 visas that had been provisionally revoked due to the Executive Order. At the time of this writing, it is unclear whether visas which were physically cancelled as a result of the Executive Order would be valid for travel and entry to the U.S.

Foreign nationals currently in the U.S. who were impacted by the travel ban or provisional visa revocation should still seek specific legal advice from Immigration Counsel before departing the U.S.

The Trump administration has indicated it will challenge the judicial order and will seek a stay of the temporary restraining order.

Gibney will continue to closely monitor any proposed changes to policy or procedure under the Trump administration, and we will provide updates as needed. If you have any questions regarding this alert, please contact your designated Gibney representative, or email immigrationalerts@gibney.com.