UPDATE: The new travel ban was set to go into effect on March 16, 2017, however the U.S. District Courts in Hawaii and Maryland blocked the new Executive Order (EO). The Hawaii court's injunction applied nationwide, while the Maryland decision limited its injunction to the portion of the EO addressing visa issuance to the six identified countries. The Department of Justice has appealed the Maryland injunction to the U.S. Court of Appeals for the Fourth Circuit and, at this point, the injunctions from Hawaii and Maryland will stay in place, and the status quo prior to the new EO should be maintained.
BACKGROUND: On March 6, 2017 President Trump signed a new Executive Order, still titled "Protecting the Nation from Foreign Terrorist Entry into the United States" in response to the suspension of his original Executive Order. The new order clarifies that a temporary 90-day ban on travel to the United States applies to foreign nationals from the countries of Iran, Libya, Somalia, Sudan, Syria and Yemen. Iraq was dropped from the list, as the Executive Order explains there are currently strict measures in place when issuing visas to Iraqi nationals. The new Executive Order also adopted a 120-day freeze for refugees from Syria, rather than an indefinite ban.
The key takeaway for MRA members remains the same:
- The Executive Order does not apply to anyone traveling with U.S. citizenship.
The situation is fluid and subject to change without notice. Because the situation is evolving, we recommend that you do not make changes to your existing policies. However, members employing foreign nationals who may be affected should review the risk of sending employees on international business trips. Going forward, organizations employing foreign nationals or having employees travel internationally for work will need to recognize that more changes may be coming that could affect their current HR practices.
If you are unsure how to proceed or need to talk through all the considerations, MRA is here to help! Our 24/7 HR Hotline Advisors can answer questions and help you evaluate which option is best for your organization. Reach out to us to assist you during these uncertain times at 866-HR-HOTLINE (866-474-6854), or email InfoNow@mranet.org
Source: Michael Hyatt, HR Government Affairs Director, MRA – The Management Association