Arlington, VA— Earlier today, a federal judge in Hawaii halted implementation of an executive order suspending new visas from being issued to certain nationals of six countries. U.S. District Court Judge Derrick Watson issued the restraining order, which applies nationwide, in response to a case brought by the State of Hawaii. The executive order was scheduled to take effect on Thursday, March 16.
The executive order is a revised version of the initial executive order (EO 13769) issued on January 27. The revised order signed on March 9 includes exemptions and clarifications to the suspension that were not included in the initial order. The order would apply to foreign nationals who did not have a valid visa when the first executive order was issued and do not have a valid visa and are outside of the U.S. on the effective date of the revised order. A waiver would be granted to those foreign nationals who meet several conditions, including but not limited to being a lawful permanent residents of the U.S., are a dual national traveling on a passport of a non-affected country, have a green card and are seeking to reenter the U.S. or entering the U.S. for business purposes which would be significantly hampered by being denied entry.
The revised order would have reinstituted a temporary 90-day ban from entering the U.S. those foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen and a 120-day suspension for the Refugee Admission Program on refugees from those countries with the exception of Syria, which would be indefinite. Iraq was removed from the list of countries subject to the first suspension.
On March 9, the Trump Administration filed a motion with the U.S. Court of Appeals for the 9th Circuit to dismiss its appeal in the case of the initial executive order. The administration can appeal the recent ruling, however, an appeals court upheld a similar ruling by a federal judge halting the initial executive order. It is uncertain as to whether this situation would be different this time.
About Worldwide ERC®
Since 1964, Worldwide ERC® has been committed to connecting and educating workforce mobility professionals across the globe. A global not-for-profit organization, we are headquartered in Washington, D.C., with offices in London and Shanghai, and are the source of global mobility knowledge and innovation in talent management from Europe, the Middle East and Africa, to Asia and across the Americas. For more information, visit www.WorldwideERC.org.