Travel-Ban 2.0: Watered-Down Version Temporarily Bans Certain Travelers from Six Countries

06. Mar. 2017

President Trump signed a new Executive Order (EO) today, due to take effect on March 16th, which he hopes will finally pass judicial scrutiny. The new EO seeks to prevent travelers from six Muslim-majority nations (Iraq is no longer on the list), who are outside of the US, from entering the US for 90-days.  The new EO excludes those who have a valid U.S. visa, those who have US Permanent Residency status, and those already granted asylum or refugee status. Additionally, the US refu­gee program is to be suspended for 120 days, and be capped at 50,000 refugees for FY 2017 (down from 110,000 in FY 2016).

The six-countries impacted by the new EO are Iran, Libya, Somalia, Sudan, Syria, and Yemen. Iraq is no longer on the list because of increased security check cooperation with the US, according to the Administration’s fact sheet.

This new EO is the second attempt by Trump after his more sweeping and highly ill-conceived attempt in late January led to chaos for travelers and mass protests across the US. That first travel-ban EO was quickly blocked by a federal judge in Washington state. The Trump administration appealed that decision but a three-judge panel of the U.S. Court of Appeals voted 3-0 against the administration and held that EO shall remain suspended.

The first travel-ban EO was much broader in terms of affecting even visa holders and those already granted asylum or refu­gee status.  It was also ambiguous as to its application against US legal permanent residents and those who have dual citizenship and thus can use a passport from a country not impacted.

The new EO will likely still face legal challenges for targeting members of a certain religion, although the argument it violates due process will not be as strong due to the fact this version explicitly states it does not affects permanent residents, visa holders and approved refugees and asylees.

For more details, visit the DHS website