Business Immigration Insights

The Ninth Circuit has just issued a unanimous opinion upholding the Temporary Restraining Order against the Trump Administration’s Executive Order known as the “Travel Ban.” The 3-judge panel unanimously recognized that without the TRO, the states of Minnesota and Washington were likely to be harmed as parens patriae (i.e., legal protector) for their citizens, and also by damage inflicted on “operations and missions of their public universities and other institutions of higher learning,” and their “operations, tax bases, and public funds.”

The Administration has now signed the Executive Order entitled, “Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals,” with immediate effect. Individuals from the designated countries should strongly consider not traveling outside the United States during the periods mentioned below. Key provisions are as follows:

1. The Order prohibits the “immigrant or nonimmigrant entry” into the United States by nationals of Iraq, Iran, Yemen, Somalia, Syria, Sudan and Libya for the next 90 days – until April 27, 2017.

A draft of President Trump’s Executive Order banning Muslims and Refugees has surfaced.  While the final Order may be different, we expect most of what is in the draft to remain.  The draft Order provides for:

• 120-day suspension and “realignment” of the refugee admissions program to determine what additional procedures are necessary to ensure the security and welfare of the United States
• Indefinite suspension of the Syrian refugee program
• 30-day suspension of visa issuance to nationals of Syria, Iraq, Iran, Libya, Somalia, Sudan and Yemen
• 30-day suspension of “other” immigration benefits for nationals of those countries

Donald Trump’s statements about the U.S. immigration system were a main feature of his presidential campaign. Now that he has been elected, many are questioning whether and how those statements might become actual policies. We have already begun fielding questions from clients asking how new policies, regulations and laws will affect their businesses, their employees, their families, and themselves.