This post is regarding President Trump’s January 27, 2017 Executive Order: “Protecting the Nation from Foreign Terrorist Entry in the United States“
In order to proactively address inquiries regarding President Trump’s travel ban, RapidVisa offers the following:
What It Is
The travel ban bars entry to the United States for citizens of seven predominantly Muslim nations. The executive order also places a 120 day moratorium on refugee resettlement programs.
Who it Affects
Foreign nationals from Iraq, Yemen, Libya, Sudan, Somalia, Syria, and Iran who do not have lawful permanent resident status are banned from entering the United States.
Why It Was Implemented
The White House contends that the travel ban was initiated to increase national security and promote the safety of American citizens. Legal opponents to the travel ban refute this by declaring that the executive order is a ban against Muslims, which violates the 1st Amendment of the US Constitution.
Is the Executive Order a Travel Ban?
Yes. Affected individuals from those seven nations are not allowed to travel to the US for that stipulated 90 day period.
Is the executive order a “Muslim ban?”
This question is central to a federal judge’s recent suspension of the travel ban. The White House states that the travel ban is not specifically targeted towards Muslims. Numerous state Attorneys General have challenged this claim by noting that President Trump has previously stated that extreme measures were needed to keep Muslims out of the United States. The question of the order’s intent will therefore determine whether or not the travel ban will resume.
Travel Ban Timeline
January 27, 2017:
President Donald Trump issues an executive order temporarily banning citizens from Iraq, Yemen, Libya, Sudan, Somalia, Syria, and Iran. The ban will extend for 90 days and also halts refugee resettlement programs to the US for 120 days.
January 29, 2017:
Following nationwide confusion as to how various government agencies are to implement the ban – and the “provisional revocation” of approximately 60,000 travel visas – the White House stated that the immigration decree does not apply to foreign citizens that already possess legal permanent residency in the United States.
January 30, 2017:
The Attorney General of Washington state –followed shortly by Minnesota and eventually fourteen other states – files suit against the executive order. The request that the travel ban be suspended is followed by dozens of other lawsuits from a variety of national agencies. A limited number of courts start temporarily suspending various parts of President Trump’s executive order.
February 3, 2017:
A US District Judge responds to the Attorneys General suit, temporality suspending enforcement of the executive order. The federal judge ordering the suspension states that further judicial evaluation is necessary. Responding to the judge’s order, the government informs the airlines that travelers from the seven banned nations are once again allowed entry to the United States. The State Department summarily reverses cancellation of the 60,000 travel visas halted by the initial executive order.
February 4, 2017:
The Department of Justice files against the suspension of the travel ban, stating that it will appeal the federal judge’s order.
February 5, 2017:
The federal court denies the Department of Justice request, citing the need for further judicial review.
February 6, 2017:
The federal court decrees that documentary filings from all concerned parties is due by the end of the work day.
February 7, 2017:
Testimony from both sides is scheduled at the 9th US Circuit Court of Appeals in San Francisco. Oral arguments from the Justice Department and the involved state Attorneys General will be heard at 3 PM.
RapidVisa is notified of its first customer who fell victim to the travel ban. The customer was a national of Iran living abroad in the UK, applying for a CR1 Spousal Visa. The customer applied months before, and was approved through the USCIS, but refused an interview by the US Embassy by grounds of Executive Order 13769.
A protracted series of suits and countersuits is expected from both the White House and involved Attorneys General. If the ban suspension order is upheld, the President could ask the Supreme Court to intervene. If the ban suspension is lifted, citizens of those seven nations would again be barred entry to the United States. As of April, 2018, the ban was still challenged by the Appeals Court, but allowed to remain in effect until hearings resumed.
Foreign nationals from the seven targeted nations already in the United States are advised not to leave the country until the legalities on the matter are concluded. Foreign citizens abroad who might be affected by the resumption of the travel ban are advised to return to the US as soon as possible.
We will continue to update this page as developments continue.
Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.
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