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Executive Order 13780
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Executive Order 13780
Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. by nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, and barred entry for all refugees who did not possess either a visa or valid travel documents for 120 days. This executive order—sometimes called "Travel Ban 2.0"—revoked and replaced Executive Order 13769 issued on January 27, 2017.
The order was challenged in court by several states. On March 15, 2017, Judge Derrick Watson of the District Court for the District of Hawaii issued a temporary restraining order enjoining the government from enforcing several key provisions of the order (Sections 2 and 6). The judge determined the executive order was likely motivated by anti-Muslim sentiment and thus breached the Establishment Clause of the United States Constitution. On the same date, Judge Theodore Chuang of the District Court for the District of Maryland reached a similar conclusion (enjoining Section 2(c) only). On May 25, 2017, the Court of Appeals for the Fourth Circuit refused to reinstate the ban on constitutional grounds, citing religious discrimination. On June 26, 2017, the Supreme Court agreed to hear oral arguments for the petition to vacate the injunctions, meanwhile allowing the government to move forward with a narrowed portion of the ban. The Court eventually dismissed the challenges for losing practical relevance after the 90-day travel ban expired. On September 24, 2017, President Trump signed Presidential Proclamation 9645, replacing the expired ban. The new proclamation banned entry for many nationals of Iran, Libya, Somalia, Syria, Yemen, Chad, Venezuela, and North Korea. The district court and court of appeals again enjoined the new proclamation. On December 4, the Supreme Court allowed the ban to go into full effect, pending legal challenges. On June 26, 2018, the Supreme Court upheld the president's authority to implement these restrictions in the case of Trump v. Hawaii. On February 21, 2020, Presidential Proclamation 9983 reaffirmed the ban and additionally banned certain visa entries for citizens of Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania who were outside of the U.S., seeking to travel to the U.S., and did not already have a valid visa.
On January 20, 2021, President Joe Biden revoked Executive Order 13780 and its related proclamations in Presidential Proclamation 10141.
At 12:01 am EDT on March 16, 2017, Executive Order 13780 revoked and replaced Executive Order 13769. Trump called the new order a "watered down, politically correct version" of the prior executive order.
Sections 2 and 6 were enjoined by Judge Watson's temporary restraining order in Hawaii v. Trump before they could take effect. Executive Order 13780 contained similar provisions as Executive Order 13769 but removed Iraq from the list of banned countries and removed the indefinite ban on Syrian refugees. Section 2 suspended the U.S. Refugee Admissions Program (USRAP) for 120 days, and Section 6 reduced the number of refugees to be admitted into the United States (in 2017) from 110,000 to 50,000. Sections 2 and 6 were enjoined by Judge Watson's temporary restraining order in Hawaii v. Trump before they could take effect.
Implementing the directive of Executive Order 13780, the United States Department of State proposed a new form, DS-5535, to collect additional information from all visa applicants "who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibilities". The form contained new protocols and procedures for the purpose of "[ensuring] the proper collection of all information necessary to rigorously evaluate all grounds of inadmissibility or deportability, or grounds for the denial of other immigration benefits". The public was given fourteen days to comment on the proposed form. 55 academic and scientific organizations cosigned a letter, stating that while they appreciate and support the nation's security needs, the proposed form "is likely to have a chilling effect" on all travelers to the United States due to uncertainties and confusion regarding the supplemental questions and by delaying processing travelers who have strict deadlines and enrollment dates. The organizations said the form was unclear in the criteria for determining who would complete the form, the impact of unintentional incomplete disclosure of information, methods to correcting information initially provided, and how and for how long the information would be stored and kept private.
Section 3 outlined many exceptions to suspensions of immigration that the order required.
The order did not apply to international travelers from the named countries in some circumstances.
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Executive Order 13780
Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. by nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, and barred entry for all refugees who did not possess either a visa or valid travel documents for 120 days. This executive order—sometimes called "Travel Ban 2.0"—revoked and replaced Executive Order 13769 issued on January 27, 2017.
The order was challenged in court by several states. On March 15, 2017, Judge Derrick Watson of the District Court for the District of Hawaii issued a temporary restraining order enjoining the government from enforcing several key provisions of the order (Sections 2 and 6). The judge determined the executive order was likely motivated by anti-Muslim sentiment and thus breached the Establishment Clause of the United States Constitution. On the same date, Judge Theodore Chuang of the District Court for the District of Maryland reached a similar conclusion (enjoining Section 2(c) only). On May 25, 2017, the Court of Appeals for the Fourth Circuit refused to reinstate the ban on constitutional grounds, citing religious discrimination. On June 26, 2017, the Supreme Court agreed to hear oral arguments for the petition to vacate the injunctions, meanwhile allowing the government to move forward with a narrowed portion of the ban. The Court eventually dismissed the challenges for losing practical relevance after the 90-day travel ban expired. On September 24, 2017, President Trump signed Presidential Proclamation 9645, replacing the expired ban. The new proclamation banned entry for many nationals of Iran, Libya, Somalia, Syria, Yemen, Chad, Venezuela, and North Korea. The district court and court of appeals again enjoined the new proclamation. On December 4, the Supreme Court allowed the ban to go into full effect, pending legal challenges. On June 26, 2018, the Supreme Court upheld the president's authority to implement these restrictions in the case of Trump v. Hawaii. On February 21, 2020, Presidential Proclamation 9983 reaffirmed the ban and additionally banned certain visa entries for citizens of Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania who were outside of the U.S., seeking to travel to the U.S., and did not already have a valid visa.
On January 20, 2021, President Joe Biden revoked Executive Order 13780 and its related proclamations in Presidential Proclamation 10141.
At 12:01 am EDT on March 16, 2017, Executive Order 13780 revoked and replaced Executive Order 13769. Trump called the new order a "watered down, politically correct version" of the prior executive order.
Sections 2 and 6 were enjoined by Judge Watson's temporary restraining order in Hawaii v. Trump before they could take effect. Executive Order 13780 contained similar provisions as Executive Order 13769 but removed Iraq from the list of banned countries and removed the indefinite ban on Syrian refugees. Section 2 suspended the U.S. Refugee Admissions Program (USRAP) for 120 days, and Section 6 reduced the number of refugees to be admitted into the United States (in 2017) from 110,000 to 50,000. Sections 2 and 6 were enjoined by Judge Watson's temporary restraining order in Hawaii v. Trump before they could take effect.
Implementing the directive of Executive Order 13780, the United States Department of State proposed a new form, DS-5535, to collect additional information from all visa applicants "who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibilities". The form contained new protocols and procedures for the purpose of "[ensuring] the proper collection of all information necessary to rigorously evaluate all grounds of inadmissibility or deportability, or grounds for the denial of other immigration benefits". The public was given fourteen days to comment on the proposed form. 55 academic and scientific organizations cosigned a letter, stating that while they appreciate and support the nation's security needs, the proposed form "is likely to have a chilling effect" on all travelers to the United States due to uncertainties and confusion regarding the supplemental questions and by delaying processing travelers who have strict deadlines and enrollment dates. The organizations said the form was unclear in the criteria for determining who would complete the form, the impact of unintentional incomplete disclosure of information, methods to correcting information initially provided, and how and for how long the information would be stored and kept private.
Section 3 outlined many exceptions to suspensions of immigration that the order required.
The order did not apply to international travelers from the named countries in some circumstances.
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