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Update on the President’s Executive Order Banning Entry

February 6, 2017

A federal district court has issued a nationwide temporary restraining order against the President’s entry ban. The President has asked the federal Court of Appeals for the Ninth Circuit to place a hold on the district court order, but the Ninth Circuit has declined to do so. Therefore, the entry ban remains suspended currently.  However, the parties to the case have until Monday February 6 to file briefs with the Ninth Circuit, which is being asked to consider an emergency stay of the restraining order while the Administration appeals it.

Foreign nationals from one of the seven restricted countries who:

  • are not a U.S. lawful permanent resident and do not have a passport from a non-restricted country containing a valid U.S. visa should not depart the United States.
  • are U.S. lawful permanent residents are said to be able to travel internationally without restriction, but should not do so in the absence of an absolute emergency.
  • hold dual nationality and a passport from an unrestricted country and a valid U.S. visa, should be able to enter the U.S. even if the executive order is reinstated, but  nevertheless should not travel internationally in the absence of an absolute emergency.

As a practical matter, this situation continues to change rapidly and these foreign nationals simply should not travel abroad, even if they currently appear eligible to do so, in the absence of an absolute emergency.  Instead, foreign nationals who are in the U.S. should remain so until this issue is satisfactorily resolved. This precautionary approach applies as well to foreign nationals from other Muslim-majority countries that may become subject to the ban on short notice.