Executive Order to ban nationals of seven countries for 90 days

27 Jan 17

UNITED STATES

President Donald Trump has signed an Executive Order that immediately suspends entry into the United States for nationals of seven countries.

The executive order, titled “Protecting the Nation From Foreign Terrorist Entry Into the United States,”prevents nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the U.S. for a period of 90 days.

Who is Affected

The ban applies to immigrants and nonimmigrants, including those who have dual citizenship. The ban does not apply to U.S. citizens. If one of the countries of interest considers a person to be a national of that country, it is expected that the U.S. will suspend the entry of that person.

The text of the Executive Order does not suspend the entry of an individual who has traveled to one of the designated countries but is not a national of one of the countries. However, foreign nationals who fall into that category should exercise caution and should consult with counsel before departing from or to the U.S. to evaluate potential risks and liabilities.

The Executive Order provides that other countries may be added to the travel ban in the future.

Duration of Travel Ban

The ban will remain in effect for 90 days from today. A draft version of the Executive Order had called for a 30-day ban, but the duration was extended to 90 days in the final version. It is unclear whether or for how long the entry ban will continue after that period of time.

Exemptions to Travel Ban

The Executive Order provides that the Secretary of Homeland Security and Secretary of State may, on a case case-by by-case basis and when in the national interest, issue visas or other immigrant benefits to nationals of the countries of concern. The order does not say how an individual may apply for an exception or what the standards will be for an exception.

BAL Analysis: Companies should identify current employees who may be subject to the travel ban and work with counsel to develop appropriate legal strategies. Travel to the U.S. could be delayed, and employees already in the U.S. should exercise extreme caution before departing the country. BAL is closely monitoring any new developments and will provide additional information as it becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@balglobal.com.

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