• Impact of Recent Court Order on U.S. Entry Ban
  • March 13, 2017
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • Late Friday, a federal district judge in Seattle issued a nationwide temporary restraining order (TRO) against President Trump’s January 27 entry ban executive order against nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The U.S. government is expected to seek an emergency stay of the District Court’s TRO, which could come at short notice. If such a stay is issued, the federal government would continue to enforce the executive order and prohibit the entry of foreign nationals from the seven countries of concern.

    The U.S. Departments of Homeland Security and State Department have said that they will comply with the TRO and process travelers as they did before the executive order. However, the situation on the ground remains extremely fluid and could change suddenly. Therefore, foreign nationals from a restricted country should exercise extreme caution before traveling to or departing from the United States.

    If you are a foreign national from one of the seven restricted countries, are not a U.S. lawful permanent resident and do not have a passport from a non-restricted country and a valid U.S. visa, you should take the following into consideration:
    • If you are currently in the United States, traveling internationally is highly inadvisable under current circumstances. If the Trump Administration obtains an emergency stay of the TRO and the executive order is reinstated, you may be unable to return to the United States for the duration of the entry ban.
    • If you are outside the United States, contact your Fragomen professional before traveling or making plans to travel to the United States.Though the government has said that it will comply with the TRO, traveling remains risky. If the Trump Administration wins an emergency stay of the TRO, the entry ban may once again be in effect when you land at a U.S. port of entry and you may not be admitted.
    If you are a U.S. lawful permanent resident, you remain able to travel internationally without restriction. If you are a dual national and hold a passport from an unrestricted country and a valid U.S. visa, you should be eligible to enter the United States even if the executive order is reinstated.