On March 6, 2017 President Trump signed an executive order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The previous Executive Order 13769 signed on January 27, 2017 is effectively replaced with this order. The new Executive Order is effective at 12:01 a.m. eastern daylight time on March 16, 2017.
Specifically, beginning on March 16, 2017, foreign nationals from Sudan, Syria, Iran, Libya, Somalia and Yemen who are outside the United States and did not have a valid visa at 5:00 EST on January 27, 2017 and do not have a valid visa on the effective date of this order are not eligible for entry into the United States for 90 days. Foreign nationals from the six countries listed above who have valid visas will not be affected by this Executive Order. No visas will be revoked solely based on this Executive Order. This order applies to both nationals and citizens of Sudan, Syria, Iran, Libya, Somalia and Yemen.
It is important to note that Iraqi citizens are not affected by this Executive Order.
Also, any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 shall be entitled to a travel document confirming that the individual is permitted to travel to the United States and seek entry. Any prior cancellation or revocation of a visa that was solely pursuant to Executive Order 13769 shall not be the basis of inadmissibility for any future determination about entry or admissibility.
The Executive Order does not apply to certain individuals, such as the following:
- Lawful permanent residents of the United States;
- Foreign nationals admitted to or paroled into the United States on or after the effective date of the order;
- Any foreign national who has a document other than a visa, valid on the effective date of this order or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as an advance parole document;
- Dual nationals when travelling on a passport issued by a non-designated country;
- Foreign nationals traveling on a diplomatic or diplomatic type visa, NATO visa, C-2 visa for travel to the United Nations, G-1, G-2, G-3 or G-4 visas; and
- Any foreign national who has been granted asylum; any refugee who has already been admitted to the United States or any individual who has been granted withholding of removal, advance parole or protection under the Convention Against Torture.
The Department of Homeland Security and the Department of State have the discretionary authority, on a case-by-case basis to issue visas or allow the entry of nationals of these six countries into the United States when a national from one of the countries demonstrates that the denial of entry would cause undue hardship, that his or her entry would not pose a threat to national security and that his or her entry would be in the national interest. One of the areas suggested for consideration of a waiver include, “The foreign national seeks to enter the United States for a significant business or professional obligation and the denial of entry during the suspension period would impair those obligations.”
The Department of State will restrict the Visa Interview Waiver Program and require additional nonimmigrant visa applicants to undergo an in-person interview.
What does this mean? This new Executive Order replaces the previous order signed on January 27, 2017 which is currently undergoing litigation in the U.S. Court system. As of March 6, 2017 it is unclear how the U.S. courts will respond to this new Executive Order.
What is the IADR/AADR Position? While the new Executive Order clarifies that current visa holders are allowed to travel to the United States, IADR/AADR remain concerned that this Executive Order will have a negative impact on the global scientific community. These Executive Orders have a direct impact on the IADR General Session in San Francisco, California scheduled for March 2017. Specifically, by restricting the movement of scientists and exchange of research findings, they will impair IADR and AADR’s ability to achieve its mission of advancing research and increasing knowledge for the improvement of oral health worldwide.
As we strive towards our mission, IADR and AADR are committed to our diverse membership and will always be an inclusive community of dental, oral and craniofacial researchers for membership, meetings and our publications. We will continue to work with Congress and the Administration so they better understand the detrimental impact policies such as these have on the exchange of information and the scientific enterprise at large.
For More Information:
Click here to read the new Executive Order signed on March 6, 2017
Click here to read a fact sheet authored by the Trump Administration and obtained by the Washington Post