Executive Order Suspends The Admission Of Certain Immigrants And Nonimmigrants From Seven Countries And The U.S. Refugee Admissions Program

Key Points

Effective January 27, 2017, an Executive Order (EO) signed by President Trump suspends the visa issuance and entry to the United States for several categories of non-citizens: all refugees, irrespective of the country of origin, for a period of at least 120 days all Syrian refugees, indefinitely, subject to certain exceptions on a case-by-case basis when in the national interest of the United States all immigrants and nonimmigrants from seven "countries of particular concern": Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The EO has been partially stayed by a federal judge in New York: deportation has been stayed for individuals who would have been lawfully admissible prior to the EO and who have already arrived in the United States, but the court's order does not mandate their admission to the United States. The possibility of inconsistent interpretation of the EO has created uncertainty in the admission process for individuals returning to the United States who are not U.S. citizens, particularly for those who have traveled to countries of concern while abroad. This includes company personnel returning to the United States pursuant to visas that have already been approved by the U.S. government. At least one foreign country (Iran) has reacted by declaring that it will impose reciprocal restrictions on entry of U.S. citizens. Introduction

On January 27, 2017, President Trump announced restrictions on entry to the United States by several categories of non-citizens. The EO titled "Protecting the Nation from Foreign Terrorist Entry into the United States" cites authority vested in the President under the U.S. Constitution, the Immigration and Nationality Act (INA), and the national security objective "to protect the American people from terrorist attacks by foreign nationals admitted to the United States." The EO contains 11 sections. This analysis focuses on two of those sections: Section 3, which addresses the suspension of visas and other immigration benefits for countries of particular concern, and Section 5, which addresses the suspension of the U.S. Refugee Admissions Program (USRAP).

The EO has been partially stayed by several federal courts. The Department of Homeland Security (DHS) has announced that it will no longer enforce it against lawful permanent residents in the absence of "significant derogatory information indicating a serious threat to public safety and welfare," but questions remain on its application to those non-citizens who have already arrived in the United States, as well as dual nationals and those who have visited the seven countries in question in recent years.

The EO represents a significant change in U.S. immigration policy and is likely to have major implications for U.S. and non-U.S. companies that conduct business in the seven countries of concern or have employees from those countries on nonimmigrant visas (H-1B, L-1, O-1, etc.). Businesses should assess the potential impact on their operations, while taking into account that the situation is changing...