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Trump Revisits the Travel Ban

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On Monday, President Donald Trump signed a new executive order on immigration that bars people from six predominantly Muslim countries without visas from traveling to the United States. The new order represents a do-over moment for Trump, as his first executive order on immigration—commonly referred to as the “travel ban” or “Muslim ban”—has been met with criticism and has been tied up in courts across the country. Although this new executive order will most likely do nothing to damper its criticism, it has addressed many of the holes that lawyers and judges have poked into the original order.

One of the most noticeable changes to Trump’s executive order is the removal of Iraq from the list of barred countries, leaving only six (Iran, Somalia, Sudan, Yemen, Syria, and Libya). Although Iraq has been removed from the ban, Iraqi nationals seeking admission into the U.S. will be subject to additional scrutiny.

Another revision to the old executive order is that the new travel ban only applies to people from the six banned countries without visas, and includes exemptions for lawful residents and visitors of the United States. Under the latest executive order, all green card holders and current visa holders are exempt from the travel ban.

The new executive order still bans refugees for 120 days, but no longer indefinitely bars Syrian refugees. At the conclusion of the 120 days, the administration will determine which countries they will reinstate refugee admissions from. At that time, the number of refugees allowed into the U.S. will also likely decline from 110,000 to 50,000. The new ban also does away with the prioritization of religious minorities, one of the provisions of the first ban that was challenged as religious discrimination.

With all the changes made to the executive order, the bad news for business travelers is that the elimination of the Visa Interview Waiver Program remains. This means that every time a visa expires, travelers will be required to attend a sit-down interview with the consular office in their home county for renewal. Previously, visa applicants were able to get their visa applications processed without an interview.

Not only have the contents of the travel ban been revised to increase its legality, but the order’s timing has also been changed to allow smoother implementation. In an effort to avoid the scenes created at airports nationwide in the wake of the original travel ban, the new executive order does not go into effect until March 16, allowing time for travelers to plan, government officials to get processes in place, and legal challenges to occur—in effect minimizing or eliminating the chaos created by the immediacy of the first order.

Immigration in the United States is changing faster than ever. This week alone has seen two policy-shifting events (click here to find out the temporary suspension of premium processing for H-1B visas). Because of this, it is more important than ever to have someone to help you navigate the complexities of immigration law. For more than thirty years, GoffWilson has worked exclusively on immigration law, and can help you meet the challenges of operating in a global world. Contact our office today to discover how GoffWilson can help you.

Filed under:Immigration Law, Immigration Reform