As of Monday, January 30, 2017, immediate enforcement of the ban on U.S. entry of certain foreign nationals (those “from” Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) has resulted in denials of admission, detention, and the return of affected foreign nationals. Nonimmigrants and refugees are being denied boarding by airlines.
The Trump Administration’s initial position that the ban extended to lawful permanent residents (green card holders) was reversed. However, permanent residents from affected countries are reportedly being routed to secondary inspection for additional screening. It is reported that all valid visas held by foreign nationals from affected countries have been canceled and that the visas of affected foreign nationals allowed to enter the U.S. have been canceled (which means they may have been paroled but not truly admitted to the U.S.). It is unclear whether this is limited to nonimmigrant visas or extends to immigrant visas (for initial admission as a permanent resident). The Administration’s position on dual nationals is not clear as of this time but the Canadian government has indicated that per its communications with the Administration, dual citizens of Canada and citizens of affected countries will be treated as Canadian citizens.
Any foreign nationals in a nonimmigrant status from affected countries should not engage in international travel. Nonimmigrants from affected countries currently outside the U.S. should seek legal counsel. Permanent residents planning to travel should also seek legal counsel. While they are currently considered exempt from the Executive Order, green card holders can still be denied admission as permanent residents under certain circumstances (for our general backgrounder on maintenance of permanent residency, see our memo on Maintaining Lawful Permament Resident Status).
