March 7, 2017

On 6 March President Trump signed EO 13780 entitled “Executive Order Protecting the Nation From Foreign Terrorist Entry Into The United States.” This EO rescinds EO 13769 and introduces new restrictions on travel to the US from Iran, Libya, Somalia, Sudan, Syria and Yemen. Note: immigration from Iraq is not targeted in this latest EO. The EO has an effective date of 16 March 2017 at 12:01 AM, eastern daylight time.

EO 13780 “…expressly excludes from the suspensions categories of aliens that have prompted judicial concern….” Section 2 of the new EO directs that the entry into to the US of nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen shall be suspended for 90 days from the effective date of the EO, 16 March 16. However, Section 3, dealing with the “Scope and Implementation of Suspension” provides that the suspension of entry under Section 2 shall only apply to nationals of the designated countries who are outside the US on 16 March 2017 and who did not hold a valid visa as of 27 January 2017 or do not hold one on 16 March 2017. Crewmembers from Iran, Libya, Somalia, Sudan, Syria and Yemen will therefore not be able to enter the US unless they hold valid visas prior to 16 March and they will not be able to obtain visas until 90 days after 16 March. If a crewmember does hold a valid visa then he or she will be free to enter the US.

Further details are available in the client alert from Freehill Hogan & Mahar LLP in New York:

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