The Wall Street Journal is reporting that a draft of a new Executive Order on travel has been circulating through the State Department and other agencies, and notes that a “replacement order is expected to be issued as soon as Tuesday.”
For those that haven’t been following closely, the Trump Administration chose not to appeal a 9th Circuit Court decision to block enforcement of his original travel ban. Instead, the White House is starting from scratch with a new order entirely.
As opposed to the chaos of the original order, which was poorly implemented without any advance notice, stranding passengers in transit, and generally creating a mess, the revised version appears to be going through the proper channels and procedures.
This means that the order will likely be tighter legally, and somewhat less susceptible to legal challenges. From the article:
The State Department memo makes clear the White House is seeking a careful and deliberate rollout of the new executive order, with government lawyers requesting its implementation seven to 14 days after Mr. Trump signs the document. The lag period is designed for government lawyers to deal with any legal challenges to the new order before it is implemented, the memo explains.
It’s key to note, however, that the 7-14 day implementation isn’t guaranteed, so there might not be much more than a 24-48 hour notice to avoid people getting trapped in transit like last time.
The fundamentals of the order, as they relate to travel, appear mostly unchanged. Nationals of Iraq, Iran, Syria, Libya, Yemen, Somalia and Sudan will be at least temporarily banned from travel to, or transit of, the United States, regardless of previously-issued visas.
If the draft can be relied upon, the key differences are that Green Card holders should be specifically excluded from the ban. That being said, if you are originally from of any of these seven countries, I would not expect an easy airport experience even if you are a permanent resident. Ideally the more careful implementation will lead to better training guidelines for CBP agents, but based on what we’ve seen in the past few weeks I wouldn’t count on it.
Ultimately, if you, or your family members, are from one of the seven countries listed and intend to travel to the U.S. in the near-future on currently-issued visas, I would strongly consider moving your trip up if you can.
Those residing in the U.S. with long-term visas, or conditional (but not yet permanent) resident status should strongly consider the necessity of international trips in the short-term. If you’re abroad currently, get home.
Finally, if you’re the child of an immigrant from one of the seven countries, and your parents have Green Cards but not yet citizenship, talk to them about their upcoming travel plans, and make sure they know their options and rights if they are detained by CBP. Again, if they’re abroad, I would try and get them home just to make it easier for them. The new order should exclude Green Card holders, but that doesn’t mean the re-entry process will be simple for people originally from one of these countries.
Overall, it seems that this version of the Executive Order is being properly vetted (as it should have been in the first place). There may still be legal challenges over time, but I would not expect emergency overnight stays this time around. Consider that when making or adjusting your travel plans.