President Trump Issues Revised Immigration Executive Order


This morning, March 6th, 2017, President Trump has issued a revised Immigration Executive Order amending his previous travel ban from certain predominantly Muslim countries. A copy of the text of the revised immigration executive order can be found here:


The text of this revised immigration executive order regarding the banning of travel from certain countries, is much more detailed and specific than the last “train wreck” immigration order. A simple reading of the executive order finds that it is clearly addressed to the legal points of the Ninth Judicial Circuit opinion upholding the emergency stay of the previous order.

Some important exemptions are clearly codified in this new revised immigration executive order. Specifically:

  • The executive order by its scope only applies to foreign nations from the designated countries who are outside the United States, and who did not have a valid visa as of 5:00 pm on January 2017, and who do not have a valid visa as of today’s date.
  • Exceptions are delineated in the text of the executive order. Thus, the EO does not apply to lawful permanent residents, parolees into the United States, those who hold advance parole for travel into the United States, or those who hold diplomatic visas.
  • Most notably, the revised immigration executive order issued by President Trump, does NOT apply to dual nationals of the affected travel ban country, when the dual national is seeking entry to the United States on an alternate passport of a country NOT on the travel ban list.

The executive order also contains a much more detailed waiver provision and process, with factors that will be considered with any waiver request. For example, spousal reunification is a waiver consideration. Prior substantial ties to the US can be considered. Important business ties to the US can be considered. Of course, it will remain to be seen how well the consulate and embassy staff fulfill their jobs in “good faith” when considering these possible waiver exceptions in any given case.

The immigration executive order also dramatically alters the refugee admission program going forward, but case-by-case exceptions are included in the Executive Order.

The executive order also contains a special provision for Iraq, and outlines considerations for entry of Iraqi nationals into the United States.

Whether this revised immigration executive order withstands judicial scrutiny remains to be seen. Clearly, the text of the executive order contemplates legal challenge, as it repeatedly refers to the executive authority of the President in immigration matters, addresses the prior Ninth Circuit ruling explicitly, and contains much more detailed exceptions and processing protocols. So given that, courts may be much more hesitant to issue a national stay of this revised immigration executive order. But challenges may start almost immediately, so we will soon know the extent to which this order will be enforceable in the immediate term.

If you have any questions about how this revised immigration executive order may affect you or your family, please do not hesitate to contact us to schedule a consultation.