The new executive order contains the following provisions:
Suspends the entire U.S. Refugee Admissions Program for at least 120 days. This means that, regardless of the stage a person has reached in the refugee application process and whether this suspension causes massive delays, their application will not move forward. As noted above, the Mar. 6 EO removes the indefinite ban on Syrian refugees resettling in the U.S.
Bans individuals from six Muslim-majority countries—Iran, Libya, Somalia, Sudan, Syria, and Yemen—from entering the U.S. for at least 90 days, and authorizes the secretaries of State or Homeland Security to add additional countries to this list. The Mar. 6 EO removes Iraq from the list of designated countries.
Includes these categorical exceptions to the ban:
- any lawful permanent resident of the U.S.;
- any foreign national who is admitted to or paroled into the U.S. on or after the effective date of this order;
- any foreign national who has a document other than a visa (a) that is valid on the effective date of this order or issued on any date thereafter
- and (b) that permits the person to travel to the U.S. and seek entry or admission, such as an advance parole document;
- any person with dual nationalities, one of which is of one of the six designated countries, who is traveling on a passport issued by a nondesignated country;
- any foreign national traveling on a diplomatic or diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G‑1, G-2, G-3, or G-4 visa; or
- any foreign national who has been granted asylum; any refugee who has already been admitted to the U.S.; or any person who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.
Permits entry of lawful permanent residents (LPRs, or “green card”–holders).
Permits entry of people of dual nationality if they are traveling on a passport issued by a non-designated country.
Allows for case-by-case exceptions if the person seeking admission to the U.S. “has demonstrated to the [consular or immigration] officer’s satisfaction” all the following: (a) that denying the person entry “would cause undue hardship,” (b) that their admission would “not pose a threat to national security,” and (c) that their admission “would be in the national interest.” It remains unclear how this exception will be applied.
Permits entry of people with valid visas. Under the Jan. 27 EO, all nonimmigrant and immigrant visas issued to nationals of the seven originally designated countries were immediately suspended, and citizens of these countries were instructed not to attend visa interviews. However, under the Mar. 6 EO, people who are outside the U.S. and had a valid immigrant or nonimmigrant visa as of 5 p.m. Eastern Standard Time on Jan. 27, 2017, or as of Mar. 16, 2017, will not be subject to the ban.