Latest Updates on the Status of the U.S. Entry Ban

United States

As of late Monday, February 6, the Court of Appeals for the Ninth Circuit continues to consider the Trump Administration’s request to lift a nationwide temporary restraining order (TRO) against the President’s entry ban executive order. The Court of Appeals will hold a hearing on Tuesday, February 7, after which it will decide whether to overturn the TRO or allow the entry ban to remain suspended while a challenge to the executive order continues in district court.

The situation on the ground continues to be very fluid. The court challenge is moving on an accelerated schedule, and the entry ban could be put back into place at short notice. The court schedule means that there remains an opportunity to travel to the United States with less risk through Tuesday, February 7 at 3pm PST/6pm EST, subject to U.S. visa requirements (see below).

Foreign nationals from a restricted country should continue to exercise extreme caution before traveling to or departing from the United States. If you are a foreign national from one of the seven restricted countries, are not a U.S. lawful permanent resident and do not have a passport from a non-restricted country containing a valid U.S. visa, you should take the following into consideration:

• If you are currently in the United States, traveling internationally remains inadvisable under current circumstances. If the appeals court overturns the TRO and the executive order is reinstated, you may be unable to return to the United States for the duration of the entry ban.

• If you are outside the United States, contact your Fragomen professional to discuss specific issues that may arise if you decide to travel while the parties are preparing for the hearing and before the court renders a decision on whether to stay the TRO. Though the TRO against the entry ban remains in place for now, the window to travel to the United States may be brief. If the Trump Administration ultimately wins an emergency stay of the TRO, the entry ban may once again be in effect when you land at a U.S. port of entry and you may not be admitted. You must have a valid U.S. visa in your passport in order to travel. If your visa has been physically cancelled, please contact your Fragomen professional to discuss next steps.

If you are a U.S. lawful permanent resident, you remain able to travel internationally without restriction. If you are a dual national and hold a passport from an unrestricted country and a valid U.S. visa, you should be eligible to enter the United States even if the executive order is reinstated.

Fragomen is closely monitoring the status of the entry ban and the travel situation on the ground, and will provide updates as developments occur.

This alert is for informational purposes only. If you have questions, please contact the immigration professional with whom you work at Fragomen.

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