The American Immigration Council has posted a practice advisory, Challenging President Trump’s Ban on Entry, which provides information about how last Friday’s Executive Order is being implemented, offers resources and practice tips for attorneys whose clients are affected by it, and outlines legal challenges that have been filed to date.
DHS issued guidance on 1/29/17 stating that those individuals “traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States.” (Emphasis added.) This weekend, DHS told AILA that anyone who holds a passport from a designated country is considered as being “from” the designated country. See 1/28/17 update below.
Dual Citizens: DHS also told AILA that the ban included dual citizens who hold passports from a designated country as well as a non-designated country, BUT that CBP would be processing people based on how they present themselves at primary inspection. (Emphasis added.) AILA members report clients being processed based on which passport they present.
However, it is important to note that reports from the UK and Canada, as well as various media reports, appear to conflict with each other in certain respects. We are seeking more concrete guidance for dual nationals who hold two passports, and will update members as soon as possible.
USCIS Suspension of Adjudication: Media articles have reported that USCIS has suspended the adjudication of certain affected immigration benefits. Given the language of the Executive Order and the reports, it appears likely there has been or will be some directive to USCIS on how to handle benefits applications. AILA has contacted USCIS, but has been unable to confirm these reports definitively. AILA has also asked what benefits may be affected and how USCIS will treat dual nationals. We will update members as soon as possible.
DOS Visa Issuance: DOS posted a notice to their website over the weekend stating that per the Executive Order, visa issuance to nationals of the countries of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen has been suspended until further notification.
Litigation: Please note that litigation has been filed in several jurisdictions that may affect individual clients, including lawsuits in New York (JKF airport), Boston (Logan airport), Los Angeles, Washington State (SeaTac airport), and Virginia (Dulles airport). For more information on those lawsuits, please see the Council’s practice advisory.