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Feb 2017
07
February 07, 2017

Travel Update: U.S. Entries Resume — At Least Temporarily


U.S. Customs and Border Protection has instructed its officers to resume, at least temporarily, standard procedures for allowing entry into the U.S. for foreign nationals from all countries. On February 3, the U.S. Department of Homeland Security (DHS) announced that there are no plans at this time to add more countries to the list of seven implicated in President Trump’s January 27 Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States." The order imposed a 90-day halt on travel for foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, as well as a 120-day pause on the U.S. refugee program. The same day, a nationwide temporary restraining order was issued by a federal court in the state of Washington prohibiting enforcement of the Executive Order. Afterwards, travel to the U.S. began to resume for affected foreign nationals.

Subsequently, the U.S. Department of Justice (DOJ) filed an emergency motion for an immediate administrative stay to block the Washington federal court’s order. The Ninth Circuit Court of Appeals denied the DOJ's request for an immediate stay and scheduled a hearing on the matter, which will take place later today. If the Court of Appeals upholds the lower court’s order, foreign nationals from all countries will continue to be allowed into the U.S. under standard procedures. This will likely continue until the Washington federal court proceedings are concluded. If the Court of Appeals overturns the lower court’s order, the White House has stated that the travel ban imposed by the Executive Order will go back into effect, limiting entry into the U.S.

Clearly, this situation is fluid and can change at any time. Please monitor the Warner Norcross website for immigration news and further updates at www.wnj.com.

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