Summary

On January 27, 2017, President Trump signed an Executive Order (the “Order”) entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” It is a densely worded document, but the Order does the following:

• Requires “the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, [to] immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit” under the Immigration and Nationality Act;
• Requires the Secretary of Homeland Security to submit a report to the President within 30 days of the date of the Order (in other words by February 26, 2017); and
• Temporarily “suspend[s] entry into the United States, as immigrants and nonimmigrants, of such persons [from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen] for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).”  

Analysis

The Order could have an impact on any employer or business with employees, contractors or consultants who are foreign nationals of the Countries of Concern as defined herein.