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Trump signs new executive order replacing directive challenged by courts

Miriam Valverde
By Miriam Valverde March 7, 2017

President Donald Trump has revoked and replaced an executive order related to the admission of nationals from countries in the Middle East and Africa.

The new executive order dated March 6 — bearing the same title as a Jan. 27 order, "Protecting the nation from foreign terrorist entry into the United States" — stops the entry of nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days "subject to categorical exceptions and case-by-case waivers."

Trump's new order does not extend to Iraqi nationals, as the previous one did, due to close cooperation between the United States and Iraqi governments, Trump administration officials said.

"The Iraqi government has expressly undertaken steps to enhance travel documentation, information sharing, and the return of Iraqi nationals subject to final orders of removal," the executive order said. "Decisions about issuance of visas or granting admission to Iraqi nationals should be subjected to additional scrutiny to determine if applicants have connections with ISIS or other terrorist organizations, or otherwise pose a risk to either national security or public safety."

The order also suspends for 120 days entry under the U.S. Refugee Admissions Program, but unlike the previous order, does not single out Syrian refugees for indefinite admission. An overview on the old and revised executive orders is available here.

Trump's order lists specific reasons why nationals from the six countries will be temporarily banned from entering the country. Iran, Sudan and Syria make the list because they are designated as state sponsors of terrorism. Libya is on the list because it is an active combat zone with extremist groups expanding within the country. Somalia is on the list because portions of the country "have been terrorist safe havens" and "most countries do not recognize Somali identity documents." Trump officials list Yemen because of ongoing internal conflict and because terrorist groups have expanded their presence within the country.

"In light of the conditions in these six countries, until the assessment of current screening and vetting procedures required by section 2 of this order is completed, the risk of erroneously permitting entry of a national of one of these countries who intends to commit terrorist acts or otherwise harm the national security of the United States is unacceptably high," the March 6 order said.

Trump's new order comes in response to court challenges. Does the new one resolve previous challenges?

"The revised executive order will not quell litigation or concerns," said Cornell University Law School professor Stephen Yale-Loehr. "U.S. relatives will still sue over the inability of their loved ones to join them in the United States. U.S. companies may sue because they cannot hire needed workers from the six countries. And U.S. universities will worry about the impact of the order on international students' willingness to attend college in the United States. In sum, the immigration controversy will continue."

Trump's new executive order becomes effective March 16.

With Trump again seeking to suspend immigration from terror-prone places, we rate this promise In the Works.

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