Travel Warning for Nationals of Certain Countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) Designated by Executive Order
January 29, 2017:
Refugees: The government has halted travel for refugees from the 7 designated countries. The exception for refugees that are currently “in transit” found in Section 5(e) of the Executive Order does not apply to people from those designated countries. However, based on authority in the executive order, refugees that are NOT from the designated countries that had been scheduled to arrive in the next few days will be allowed entry to the U.S. upon arrival. There were reportedly no refugees scheduled to travel over the weekend.
Lawful Permanent Residents (LPRs): The entry of LPRs is deemed to be in the national interest. Thus absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, LPR status will be a dispositive factor in the case-by-case determinations.
January 28, 2017:
Who Does This Affect?
The Executive Order applies to all individuals “from” the 7 designated countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. That includes Legal Permanent Residents (LPRs), nonimmigrant visa holders, immigrant visa holders, refugees, derivative asylees, Special Immigrant Visas (SIVs), etc.
Anyone who holds a passport from a designated country is considered as being “from” the designated country. This includes dual citizens who hold passports from a designated country, as well as a non-designated country.
CBP will be processing people based on how they present themselves at primary inspection.
The Executive Order does NOT apply to people who merely traveled to designated countries.
Legal Permanent Residents: There appears to be some limited discretion for DHS to admit LPRs on a case-by-case basis, and following a thorough security review. LPRs will be allowed to board planes. Their cases will be adjudicated at the port of entry.
Nonimmigrants: Nonimmigrants will be allowed to withdraw their application for admission. Expedited removal will generally only be used for those individuals who do not wish to withdraw their application for admission.