This GMS Flash Alert reports on the effects of the Temporary Restraining Order (TRO) issued by a U.S. federal judge on February 3, 2017, regarding President Trump’s January 27, 2017 Executive Order concerning travel to the U.S. for nationals of seven countries.
Pursuant to the Temporary Restraining Order (TRO) issued by a U.S. federal judge1, all nationals from the seven affected countries listed in President Trump’s January 27, 2017 Executive Order may now (since Friday, February 3, 2017) board aircraft bound to the U.S. and apply for entry based on their valid nonimmigrant and immigrant visas.
For prior coverage, see GMS Flash Alert 2017-018, 31 January 2017.
President Trump’s Executive Order signed Friday January 27, 2017, prohibited all foreign nationals presenting a passport from one of the seven affected countries (Sudan, Syria, Libya, Somalia, Iran, Iraq, and Yemen) from entering the United States. As per the Directive dated January 27, 2017, the Department of State provisionally revoked all valid nonimmigrant and immigrant visas of nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen subject to two exemptions.
Subsequent to the issuance of the Executive Order, further guidance was released that the Order would not impact those foreign nationals from affected countries that were lawful permanent residents of the United States. This meant that as January 27, 2017, foreign nationals from the seven affected countries holding nonimmigrant visas that were outside the U.S. would not be permitted entry to the U.S. despite holding valid visas.
A federal judge in Seattle, Washington issued a TRO Friday, February 3, that applies nation-wide effectively stopping President Trump's Executive Order.
There has been considerable confusion regarding the legal effect of the “ban” and the TRO.
It is understood the Department of Justice intends to file an emergency stay of this TRO and defend the president’s Executive Order, which is currently under active consideration by the 9th Circuit Court of Appeals, and a decision as to whether the TRO will be reviewed is expected shortly.
As the situation is fluid, consultation by affected parties with their U.S. immigration attorney prior to any travel to or departure from the United States, is strongly recommended.
KPMG LLP Law will endeavor to keep readers informed as developments occur.
1 See the federal judge’s ruling
KPMG LLP (U.S.) does not provide any immigration services. Please note, however, that KPMG LLP Law in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
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