White House and USCIS clarifications regarding Executive Order banning U.S. entries by citizens of seven countries

News Release from Jewell Stewart & Pratt – February 3, 2017 As discussed in our prior posts, an Executive Order signed by President Trump on January 27, 2017 bans immigrant and nonimmigrant entries into the United States, for at least 90 days, by nationals of seven countries – Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen.

In the days following the Executive Order, its ambiguous language and the inconsistent application of its provisions at U.S. ports of entry and in other parts of the U.S. government created confusion among foreign-born travelers to the United States.  In addition to several clarifications mentioned in this post, the White House and USCIS have issued further guidance, including the following:

  • Lawful Permanent Residents: A February 1, 2017 White House memorandum to the acting Secretary of State, the acting Attorney General, and the Secretary of Homeland Security, stated that Sections 3(c) and 3(e) of Executive Order 13769 does not apply to lawful permanent residents (LPRs) of the United States. Therefore, LPRs who are nationals of one of the seven countries no longer need to receive a waiver to enter the United States.
  • USCIS Benefits Requests: A February 2, 2017 memo from USCIS Acting Director Lori Scialabba to USCIS employees stated that Section 3 of the Executive Order does not affect USCIS adjudication of applications and petitions filed for or on behalf of individuals in the U.S regardless of nationality.

© Jewell Stewart & Pratt PC 2017