Updates to Executive Order 13769 on Immigration

in Executive Order
February 2nd, 2017

  • February 2, 2017 – While the initial language of the EO was unclear as to whether it might affect the adjudication of immigration benefits for persons from the listed countries, U.S. Citizenship and Immigration Service (USCIS) clarified in a memo that adjudication of applications for immigration benefits would not be affected by the EO.
  • February 2, 2017 – U.S. Department of State (USDOS) informed the American Immigration Lawyers Association (AILA) that there is no addendum, annex, or amendment now being worked on to expand visa revocations or the travel ban to countries other than those currently implicated in the Executive Order.
  • January 29, 2017 – Boston University President Robert Brown issued a response to the Executive Order with a letter to the BU community.
  • January 29, 2017 – U.S. Department of Homeland Security (USDHS) clarified that lawful permanent residents (“green card holders”) of the U.S. traveling on a valid I-551 (alien resident card) will be allowed to board aircraft and will be inspected and allowed entry on a case by case basis absent receipt of significant derogatory information indicating a serious threat to public welfare.
  • January 28, 2017 – A federal judge in Boston granted a 7-day stay on enforcing the order for valid immigrant, nonimmigrant and refugee visa holders arriving through Boston. This 7-day stay has now ended.
  • January 27, 2017 – In response to the Executive Order, the U.S. Department of State issued a “provisional revocation” of all immigrant and non-immigrant visas for persons from the banned countries.
  • January 27, 2017 – President Trump signed Executive Order 13769 entitled “Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals.” The executive order suspended entry into the United States of both nonimmigrants and immigrants from 7 countries (Iran, Iraq. Libya, Somalia, Sudan, Syria and Yemen) for 90 days, except for those traveling on diplomatic, NATO, C-2, G-1, G-2, G-3, and G-4 visas. In addition, the EO suspended the U.S. Refugee Admissions Program for 120 days, and the admission of Syrian refugees for an indefinite period of time. The order established a protocol for removing or adding additional countries to the banned list, depending on whether countries complied with requests for specific information from USDHS. The order suspended the Visa Interview Waiver Program, called for a review of reciprocity agreements between the U.S. and foreign countries, and mandated “expedited completion” of a Biometric Entry-Exit Tracking System for all travelers to the U.S. For a more complete summary of the initial order see here.