Currently, there is a great deal of confusion about the Trump Administration’s January 27, 2017 Executive Order and the court orders affecting it. We cannot provide you with legal advice, but if you decide to travel, here are some pieces of information and suggestions to consider as you make travel plans.
Please note that our guidance will be evolving as we receive new information about this rapidly changing situation.
What the Executive Order Does:
- Suspends all refugee resettlement for 120 days
- Suspends all resettlement of refugees from Syria indefinitely
- Bans entry into the U.S. by nationals of seven countries (Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen) for 90 days
- Does NOT apply to U.S. citizens
- Does NOT apply to lawful permanent residents (green card holders), according to current Administration statements
- Does NOT apply to Iraqi Special Immigrant Visa (S.I.V.) holders, according to current Administration statements
What the Court Orders Do:
- A federal court order from New York (Darweesh v. Trump) prohibits the removal of any lawful permanent resident or holder of a valid visa from the seven designated countries. It applies nationwide.
- A federal court order from Massachusetts (Tootkaboni v. Trump) prohibits the government from removing or detaining any lawful permanent resident or holder of a valid visa from the seven designated countries. We believe that this order applies nationwide, but the government may not agree. This order will expire on February 5, 2017.
- A federal court order from California (Mohammed v. Trump) prohibits the government from enforcing the Executive Order by “removing, detaining, or blocking the entry of” any person with a valid immigrant visa from the seven designated countries. It applies nationwide.
- A federal court order from Washington (Washington v. Trump) prohibits the government from enforcing the Executive Order by denying entry into the United States of lawful permanent residents, immigrant or non-immigrant visa holders, and refugees (including Syrian refugees). It applies nationwide.
Precautions for All Travelers:
Any traveler concerned about the travel bans should take the following precautions:
- Choose a trusted U.S. contact—preferably a family member who will be waiting for you at the airport.
- Prior to departing, give your travel information to your U.S. contact, including your flight number, place of departure, and airport of arrival, as well as a photocopy of your passport (particularly, the personal data page), green card, and/or visa.
- Register your travel at CAIR-Chicago’s Travelers Assistance Project.
- Keep a copy of your passport, green card, and/or visa on you.
- Print a few copies of the court’s decision in Washington v. Trump. Show it to immigration authorities if you face difficulties during travel.
- Keep emergency medications on you or in your carry-on luggage.
- Use your cell phone to contact your U.S. contact immediately upon landing. If you are taken into secondary inspection and detained, your cell phone will likely be removed by immigration authorities.
- Plan to notify your U.S. contact as soon as you clear immigration and customs. If your U.S. contact doesn’t hear from you within two hours after you land, he or she should contact the ACLU, another advocacy organization (such as the National Immigration Justice Center), or an immigration attorney.
Additional Suggestions for Certain Groups:
If you are a U.S. citizen or a lawful permanent resident (i.e. LPR or green card holder) with citizenship in any country:
- While the executive order does not apply to U.S. citizens or LPRs, nationals from the seven designated countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen), as well as unlisted predominantly Muslim-countries, may face a lengthy, “enhanced” inspection, which may include searches of phones, emails, social media, etc. for evidence of hostility to the U.S. You may still be at risk of being denied permission to board a return flight to the U.S., or detained and/or denied entry into the U.S. by immigration authorities. You should consider these risks before making travel plans.
- Print a few copies of this White House memo stating that the ban does not apply to lawful permanent residents. If you are detained, show it to immigration authorities.
- Do NOT voluntarily give up your lawful permanent residence status. Green card holders may be pressured to sign a Form I-407 to voluntarily abandon their lawful permanent residence status. Do not sign this. You have the right to a hearing with your own legal representation before the government can take away your permanent residency status.
- If you are returning to the U.S. from abroad, you may want to be in touch with an immigration attorney, ideally one who has a completed and signed Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative), who can advocate for your release if you are detained in a U.S. airport. You may find an immigration attorney at Immigration Advocates Network, which serves low-income individuals, or the American Immigration Lawyers Association.
If you are a national of one of the seven designated countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen), have a valid visa, and are traveling back to the U.S. from abroad:
- You should weigh the risks of travel according to your visa type.
- If you have a Special Immigrant Visa (SIV), you may travel to the United States. Print a copy of thisarticle stating that “The U.S. government has determined that it is in the national interest to allow Iraqi Special Immigrant Visa (S.I.V.) holders to continue to travel to the U.S.” Show it to immigration authorities if you face difficulty during your travel.
- If you have an immigrant visa, print a few copies of the federal court order in Mohammed v. Trump, stating that the government cannot remove, detain, or block your entry into the United States. Show it to immigration authorities if you are blocked from boarding your flight, detained, or threatened with removal.
- If you have a non-immigrant visa (i.e. visitor, student, business, etc.), you may have had your visa revoked by the U.S. government. The U.S. government has reinstated many of the visas it revoked due to the Executive Order; however individual circumstances many vary. We suggest that you consult with an immigration attorney to verify the validity of your documents.
- Consider applying for a waiver of the ban through your consulate prior to travel.
- Print a few copies of the courts’ decisions in Darweesh v. Trump. Show these to immigration authorities if you are detained or threatened with removal.
- You may want to be in touch with an immigration attorney, ideally one who has a completed and signed Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative), who can advocate for your release if you are detained in a U.S. airport. You may find an immigration attorney at Immigration Advocates Network, which serves low-income individuals, or the American Immigration Lawyers Association.
If you are a national of one of the seven designated countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen), have a valid visa, and are currently in the U.S.:
- You should weigh the risks of travel and consider remaining in the United States for the time being.
- Under the federal court order in Darweesh v. Trump, once you arrive at a U.S. airport, you cannot be sent back to the country of your citizenship. But, even under this order, you may be denied permission to board a return flight to the U.S. Also, the court order is temporary and there is a risk that it could be changed, rescinded, or reversed while you are overseas.
- Some visa-holders may be required to leave and return to the U.S. to maintain their valid visa. You should consult with an immigration attorney regarding maintaining compliance with your visa requirements.
- If you decide to travel, print a few copies of the courts’ decisions in Darweesh v. Trump. Show these to immigration authorities if you are detained or threatened with removal.
If you have dual citizenship with a country other than those covered by the Executive Order (Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen):
- Use a passport from your country of citizenship not listed in the Executive Order. You can board and enter the United States if you (1) used a passport from a non-banned country when you applied for your visa, and (2) use a passport from a non-banned country when you are traveling.
If you are NOT a national of one of the seven designated countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen), have a valid visa, and are traveling back to the U.S. from overseas:
- The Trump Administration’s Executive Order does not apply to you, but you may still be at risk of being denied permission to board a return flight, or be detained and/or denied entry into the United States. You also may be at greater risk of increased scrutiny. Weigh these risks before making decisions about travel.
Again, this is not legal advice. Individuals should speak with an immigration attorney to make decisions based on their unique circumstances, especially in light of continuing questions about the implementation of the Executive Order and court orders. You may wish to contact the National Immigration Justice Center at litigation@heartlandalliance.org to further assess your travel options.
If you or someone you know faces difficulty during travel, please contact us for assistance at (312) 201-9740 oracluofillinois@aclu-il.org.