The Second Immigration EO
The new executive order bans travel from six nations for 90 days: Sudan, Syria, Iran, Libya, Somalia and Yemen. It suspends the Refugee Admission Program (USRAP) for 120 days and imposes a cap of 50,000 refugees in 2017 once the program resumes
Section 1: Policy and Purpose
What is the policy being issued and why?
The new order highlights the policy of improving visa issuance and USRAP policies and procedures. It defends the legality of the January order by noting the refugee ban applies to all nations including Muslim minority nations.
The new order offers a paragraph on each country listed in the order and why additional procedures are needed to prevent nationals from those countries from entering the U.S citing terrorism in those countries or state sponsored terrorism in said countries.
Iraq notably which was named in the first executive order is not in this current executive order with it being explained that Iraq’s government is a vital ally in fighting ISIS and noting that the Iraqi government has taken steps to enhance screening of those suspected of ties to ISIS and other terrorist groups.
Section 1 concludes by specifically addressing the concerns of the Ninth Circuit Court.
Section 2: Temporary Suspension of Entry for Nationals of Countries of Particular Concern During Review Period
Explanation of the temporary suspension for entry of those countries listed
Section 2 directs Homeland Security to conduct a review and produce a report to the President and other cabinet level officials on additional information that would be needed to determine whether a possible entrant poses a threat. The Secretary of State is then to request that the country in question provide that information within 50 days and then the Secretary of Homeland Security will evaluate information will decide if the country has provided the requested information or has a valid plan to provide it.
While this review is ongoing, the 90 day suspension remains with exceptions and limitations listed in section 3 and 12 of the order. The Secretary of Homeland Security and Attorney General may submit additional countries to the President for similar review.
Section 3: Scope and Implementation
Explanation of a change made to the original EO
Section 3 contains a key difference from the original executive order. Those who had valid visas prior to January 27 and those who have valid visas to March 16 are still eligible. It also allows those in the U.S on green cards, dual citizens of a non-covered country, foreign nationals already admitted, those travelling on diplomatic passports, and refugees and asylees already settled in the U.S.
Section 4: Additional Inquiries Relating to Nationals of Iraq
Explanation of why Iraq was removed from the Executive Order
Iraq is now not covered by the ban but Iraqi nationals are subject to specific screening procedures including determining whether they have ISIS connections.
Section 5: Implementing Uniform Screening and Vetting Standards for All Immigration Programs
Explanation of screening and vetting standards for immigration programs
The order permits the Secretary of State, Secretary of Homeland Security, Attorney General, and Director of National Intelligence to develop uniform vetting procedures, create a database of identity documents, and develop mechanisms to prevent fraudulent attempts at entry.
Section 6: Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017
Explanation of revisions made to refugee admissions for FY 2017
Section 6 suspends the U.S. refugee program and delays all decisions on pending refugee applications for 120 days while Homeland Security and the Director of National Intelligence review procedure for identifying refugee threats. A 50,000 limit on refugees is placed for the 2017 year, down from 110,000 under the Obama plan. Syria is not treated differently from other countries.
Section 7-10: Terrorism Grounds for Inadmissibility, Biometric Entry-Exit Tracking System, and Visa Interviews and Reciprocity
Explanation of changes made pertaining to tracking and interviews
Section 7: Directs consideration of additional directives or guidance from the departments of State and Homeland Security on terrorism grounds for inadmissibility under the Immigration and Nationality Act
Section 8: Homeland Security is directed to expedite the completion of a bio-metric entry-exit tracking system and submit progress reports.
Section 9: The Visa Interview Waiver Program is suspended, making interviews mandatory for all nonimmigrant visas with only statutory exceptions.
Section 10: A review is directed for non-immigrant visas reciprocity agreement with foreign states to match fees and other treatment of U.S. citizens applying for those visas in foreign countries.
Section 11: Transparency and Data Collection
Announces that agencies are to report on terrorism related offenses
Section 11 directs relevant agencies to report to the American public on terrorism-related offenses, convictions, and removals radicalization in the U.S. of immigrants, and gender-based violence perpetrated by foreign nationals in the U.S.
Sections 12-16: Enforcement, Revocation of the Original Executive Order, Effective Date
Order’s effective date
The final sections of the order reiterate the order’s various exceptions. It sets an effective date for 12:01 AM on March 16, 2017.