Department of Homeland Security Releases Statement and FAQ on the Trump Travel Ban

February 1, 2017

While the President has relatively broad authority to affect U.S. immigration policy via Executive Order, it’s clear that implementation of last Friday’s Executive Orders – which were not reviewed by the relevant government agencies prior to going into effect – did not go smoothly for travelers, sometimes tragically so. Beyond the widespread confusion about who exactly was subject to the ban, there were many reports of CBP officers ignoring federal court orders to cease deportations. Now, 5 days later, the Department of Homeland Security has finally released an official statement on their role in implementing the orders, and defending the actions of their officers.

From their statement:

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.

There is also this, about the application of the order to Legal Permanent Residents (green card holders):

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.

Based on the above, it is likely that the vast majority of permanent residents from the affected countries will be permitted to re-enter the United States after foreign travel, though there is broad consensus among immigration law experts that even this level of additional scrutiny for Legal Permanent Residents is unconstitutional, and lawsuits challenging this and other provisions of the executive order are being filed daily – including one by LHSC’s own Joseph Hohenstein. However, it is still strongly recommended that such permanent residents (and anyone else affected by the ban) remain in the United States until further notice, as the application of the executive order remains inconsistent and unpredictable, and re-entry cannot be guaranteed. If you have any questions, please feel free to contact our office.

In addition to defending DHS’s role in implementing the Trump travel ban, DHS provided a helpful FAQ, which should be consulted by anyone who thinks they may be affected by the executive order.

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