President Trump's second travel ban

President Trump's second travel ban, signed on March 6, 2017, is a substantial revision of his January 27 Executive Order 13769, Protecting the Nation from Foreign Terrorist Entry into the United States, which was blocked by several courts.

The March 6 executive order, with an effective date of March 16, 2017, has many provisions that are the same as the January 27 order, such as the limit of 50,000 refugees in fiscal year 2017. But there are substantial changes as well:

  • It excludes Iraq from the list of countries whose citizens cannot travel to the United States for 90 days, because “... the close cooperative relationship between the United States and the democratically elected Iraqi government, the strong United States diplomatic presence in Iraq, the significant presence of United States forces in Iraq, and Iraq's commitment to combat ISIS justify different treatment for Iraq.”

  • It no longer says that citizens from Syria are permanently blocked.  

  • It no longer blocks people with valid visas at the time of the effective date of the order.

  • It does not apply to permanent residents of the United States, nor dual nationals.

  • It does not apply to any foreign national traveling on a diplomatic or diplomatic-type visa for travel to the United Nations.

  • It does not give priority to religious minorities.

  • See Section 3(C) for nine examples of circumstances that warrant case-by-case waivers to the exclusions.

  • Although the entire refugee program will again be suspended for 120 days, the suspension “shall not apply to refugee applicants who, before the effective date of this order, have been formally scheduled for transit by the Department of State.”

Additional provisions include:

  • Collecting and making publicly available data on foreign nationals charged with terrorism offences, and related categories. (Section 11)

  • “Any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 shall be entitled to a travel document confirming that the individual is permitted to travel to the United States and seek entry.” (Section 12(D))

Related information:

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