On Friday, January 27, 2017, President Trump signed a third Executive Order (EO), making significant changes in United States immigration policy. Based on a draft of the EO leaked before it was signed, the EO is expected to do the following:
- Ban on U.S. Entry of Certain Foreign Nationals: Suspend immigrant and nonimmigrant entry for at least 90 days, of certain foreign nationals, while a report is prepared on additional information needed for adjudications, and a list of countries developed that do not provide adequate information for such adjudications. While the ban is described as a temporary suspension to reduce agency administrative burdens while the report is being prepared, the EO already provides an initial list of foreign nationals affected, these include from nationals “from” Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Other countries may be added based on designation by the Secretaries of State or Homeland Security, and the 30 day period may be extended while designated countries are asked for additional information. While it is unclear how “entry” is being interpreted, other immigration benefits, such as consular visa applications and adjustment of status applications, may also be impacted.
- Screening for All Immigration Benefits: Creation of additional screening procedures (eg, interviews, additional forms) for all foreign national applicants for all immigration benefits, to identify fraud and detect intent to do harm.
- Biometric Entry-Exit System: Demand expedited completion of a biometric entry-exit system.
- Suspends the Visa Interview Waiver Policy for Repeat Visa Applicants: Requires that all visa applicants will be required to attend an interview, unless not required by statute.
- Refugee Admissions: Halt refugee admissions for at least 120 days, with the exception of those fleeing religious persecution if their religion is a minority in their country of nationality, and suspends Syrian refugee processing. Reduces refugee admissions for FY2017 by half, to 50,000.
Additional draft Executive Orders are in circulation, and may or may not be finalized.
