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  • News: CBP Publishes FAQs Regarding EO Signed on Jan. 27, 2017

    On Friday, President Trump signed an Executive Order to provide further guidance to DHS on enforcing our immigration laws and to suspend entry into the United States certain classes of foreign nationals in order to ensure our immigration system is working in a way that best protects the safety and security of the American public.

    As we worked to implement this Executive Order, a number of court orders were issued based on lawsuits filed in the wake of the order. Upon issuance of the court orders, U.S. Customs and Border Protection (CBP) immediately began taking steps to comply with the orders and did so with professionalism.

    Concurrently, the Department of Homeland Security continues to work with our partners in the Departments of Justice and State to implement President Trump’s Executive Order to protect the Nation from foreign terrorist entry into the United States.

    We are committed to ensuring that all individuals affected by the Executive Orders, including those affected by the court orders, are being provided all rights afforded under the law. We are also working closely with airline partners to prevent travelers who would not be granted entry under the Executive Orders from boarding international flights to the United States.

    In applying the provisions of the President's Executive Order, the entry of lawful permanent residents is in the national interest. Accordingly, absent significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.

    We are and will continue enforcing President Trump’s Executive Order humanely and with professionalism. We are and will remain in compliance with judicial orders. DHS will continue to protect the homeland.


    Individuals who may be affected by this Executive Order may visit the CBP INFO Center website for additional information. On the webpage, travelers may also request additional guidance by clicking on the ‘Email us your Question’ button


    Below are the actions taken in accordance with the Executive Order signed January 27, 2017.

    CBP Executive Order Actions
    Recommended Denial of Boarding 940
    Legal Permanent Resident (LPR) waivers 1,607
    Visa holders granted waivers 81

    (Statistics are valid as of 0700 hrs, February 1, 2017)

    Questions and Answers about the Executive Order

    How is the president legally allowed to issue this kind of executive order?

    Congress provided the President with the authority under section 212(f) of the Immigration and Nationality Act to suspend the entry of any class of aliens he deems detrimental to the interests of the United States. This authority has been exercised by Presidents for decades, and has been a component of our immigration laws since the Immigration and Nationality Act of 1952.

    Does this Executive Order apply to green card holders from one of the seven countries listed?

    Yes - if the green card holder (a Lawful Permanent Resident, or LPR) was out of the country at the time of the order’s signing, or travels out of the country after the order was signed. However, green card holders are eligible for national interest waivers consistent with the provisions of the Executive Order. It does not affect lawful permanent residents who are currently in the country.

    So far, how many Lawful Permanent Residents have not been allowed to enter pursuant to the Exception to the Executive Order?

    Two.One, who was entered into proceedings based on a criminal record. Another individual chose to return to Canada and withdrew his request for entry.

    So far, how many aliens with special immigrant visas have been denied entry?

    None

    Does this Executive Order apply to dual nationals of the seven countries who want to enter the U.S.? If they apply for entry based on their citizenship from one of the countries NOT on the list, will they be allowed entry?

    Yes, but travelers are being treated according to the travel document they present. For example, if they present a Canadian passport, that is how they are processed for entry.

    What happened to the two men being held at JFK who were released?

    While DHS does not generally comment on individual cases, CBP is granting waivers, as outlined in the Executive Order, to individuals whose admission into the country is in the national interest, and who does not pose a national security threat.

    What do the two exemptions in the Executive Order mean? How are they applied to individual cases?

    DHS and State can review individual cases and grant waivers on a case-by-case basis if that individual’s admission to the United States is deemed to be in the national interest and if they do not pose a national security threat.

    How will the EO affect college students from the barred countries, such as F1/J1/M1 visa holders? Are they included in the ban? What kind of guidance is being given to foreign students from these countries legally in the US?

    F1/J1/M1 visas are currently temporarily suspended due to the executive order. Individuals who were in the U.S. at the time of the signing of the executive order are not affected by the order. However, individuals who were out of the country at the time of the signing, or who travel out of the country and attempt to return will not be allowed to return at this time. The Department is evaluating whether those who are precluded from returning as a result of the Executive Order will be considered to have maintained their status as F1 or M1 students.

    Is it correct that DHS workers were instructed to implement at 4:30 pm on Friday, Jan 27?

    The Executive Order and the instructions therein were effective at the time of the order’s signing. Guidance was provided to DHS field personnel shortly thereafter.

    Can USCIS continue refugee interviews of religious minorities and for countries with which we have an agreement?

    DHS and DOS continue to review the Executive Order and will conduct interviews as appropriate and consistent with the Executive Order.

    Will the U.S. accept emergency requests to process a refugee who will then travel?

    DHS and DOS will coordinate the processing of individual refugee cases which may be appropriate for travel consistent with the Executive Order.

    Can the exception for refugee admission be used in I-730 cases (family members following to join) for the petition of refugee/asylee relatives?

    These cases will be evaluated on a case-by-case basis.

    Does “from one of the seven countries” mean citizen, national or born in?

    Travelers are being treated according to the travel document they present.

    Does the Executive Order apply to those currently being adjudicated for naturalization?

    No. USCIS will continue to adjudicate N-400 applications for naturalization and administer the oath of citizenship consistent with prior practices.

    How does the lawsuit/stay affect DHS operations in implementing this executive order?

    The Department of Homeland Security will continue to enforce all of President Trump’s Executive Orders in a manner that ensures the safety and security of the American people. President Trump’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security.

    Approximately 80 million international travelers enter the United States every year. Yesterday, less than one percent of the more than 325,000 international air travelers who arrive every day were inconvenienced while enhanced security measures were implemented. These individuals went through enhanced security screenings and are being processed for entry to the United States, consistent with our immigration laws and judicial orders.

    The Department of Homeland Security will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism. No foreign national in a foreign land, without ties to the United States, has any unfettered right to demand entry into the United States or to demand immigration benefits in the United States.

    Does DHS have a comment on the protests happening at airports around the country?

    The Department of Homeland Security fully respects the rights of all people to voice their opinion within the confines of the law.

    What about refugees who are considered to be “in transit?”

    There are currently 872 refugees who are considered to be in transit who are scheduled to arrive in the United States this week. The Secretaries of State and DHS have coordinated and will process the 872 individuals consistent with the terms of the Executive Order, which we’ve operationalized by assessing each traveler on a case-by-case basis.

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