Executive Order 13769

"Protecting the Nation from Foreign Terrorist Entry into the United States"
U.S. President Donald Trump signing the order, with Vice President Mike Pence (left) and Secretary of Defense James Mattis (right)
Executive order
Enacted by	U.S. President Donald Trump
Enacted	January 27, 2017 (2017-01-27)
Commenced	January 27, 2017 (2017-01-27)
Summary
Suspends the U.S. Refugee Admissions Program for 120 days (expires May 27, 2017) Restricts entry from seven countries for 90 days (expires April 27, 2017) Suspends admission of Syrian refugees indefinitely
Status: Not fully in force

Map of countries affected by the executive order. Collectively the order applies to over 200 million people (about 3% of the world's population)

"Protecting the Nation from Foreign Terrorist Entry into the United States" is an executive order signed by U.S. President Donald Trump on January 27, 2017, and scheduled to be published in the Federal Register on February 1, 2017 as Executive Order 13769. The order, part of Trump's immigration-related campaign promises, suspends the U.S. Refugee Admissions Program (USRAP) for 120 days, after which the program will be conditionally resumed for individual countries. The executive order also suspends entry, regardless of valid non-diplomatic visa, by alien nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days, after which an updated list of prohibited countries will be determined. Further, the order suspends entry of refugees from Syria indefinitely. The order, however, establishes that exceptions may be granted on a case-by-case basis. Based on this exception, the Department of Homeland Security exempted lawful green card holders, citing national interest provisions in the executive order.

The order prompted international criticism, with protests erupting in New York's John F. Kennedy International Airport and at other U.S. airports. The order has been widely described by critics as a "Muslim ban," based on statements by Trump as a candidate, and since it applies to overwhelmingly Muslim-majority countries while authorizing exceptions for minority religions. A lawsuit, Darweesh v. Trump, was filed by the American Civil Liberties Union (ACLU) seeking to block implementation of the order. A federal court in Brooklyn temporarily halted parts of the order on January 28, but the court has neither let the affected people into the country, nor ruled on the constitutionality of the order.

On January 29, a federal court in Boston temporarily barred the detention of the affected people "who, absent the Executive Order, would be legally authorized to enter the United States". This court order restores the ability for lawful immigrants from the seven barred nations to enter the U.S. through Logan Airport. According to The Washington Post, the travel suspension can potentially impact around 90,000 people, which is the number of immigrant and non-immigrant visas issued to people from the seven affected countries in fiscal year 2015. On January 30, The White House clarified that 109 people out of 325,000 people entering the country in a 24-hour period were stopped for additional screening.

After the ruling, the Department of Homeland Security said that it would continue to enforce all of the executive order and that "prohibited travel will remain prohibited". Several lawsuits have been filed on behalf of affected travelers and of state officials, claiming that the order is unconstitutional and that court rulings limiting the application of the order were not being universally followed. On the same day, announcing a reversal of the order's scope, White House Chief of Staff Reince Priebus said that the order would not affect U.S. lawful permanent residents (i.e., green card holders), and that "going forward" the order would allow exceptions on a case-by-case basis. However, many travelers detained as a result of the order since January 28 were held for hours without access to family, friends, or legal assistance.

Background

Further information: First 100 days of Donald Trump's presidency and Immigration policy of Donald Trump § Proposed Muslim immigration ban

Number of visas issued in 2016 for the seven countries in the Executive Order. Type of visa shown by color on pies, and total number by size.

Map comparing US immigrant and non-immigrant visas issued at Foreign Service posts by country in 2016, highlighting the seven countries in the Executive Order.

As part of a Republican-led $1.1 trillion spending bill, the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 was passed by congress and signed into law by President Obama as the Consolidated Appropriations Act of 2016. The bill listed Iraq, Iran, Sudan and Syria as countries requiring visas for travel. The following year, Libya, Somalia and Yemen were included. Critics noted that the list of countries seemed arbitrarily chosen, as Saudi Arabia was excluded.

Donald Trump became the U.S. president on January 20, 2017. He has long asserted an opinion without specific evidence that large numbers of terrorists are using the U.S. refugee resettlement program to enter the country. A 2015 report published by the Migration Policy Institute found that 784,000 refugees had resettled in the United States since September 11, 2001, with only 3 arrested for suspected terrorism. In June 2016, the Subcommittee on Immigration and the National Interest determined based on data provided by Department of Justice that at least 380 of the 580 individuals convicted of terrorism or terrorism-related offenses between September 11, 2001 and December 31, 2014, were born abroad. During his initial election campaign, Trump proposed a temporary ban on Muslims entering the United States. His proposal was met by opposition by U.S. politicians. Mike Pence—who later became Vice President under Trump—was among those who opposed the proposal, calling it "offensive and unconstitutional". Afterward, following the 2016 Orlando nightclub shooting, Trump and his attorney general nominee, Jeff Sessions, shifted the focus to geographic areas as the method of vetting. At the Senate confirmation hearing for Sessions, Senator Mazie Hirono asked Sessions about his views on immigration. Sessions' (partial) response was that "a preferable approach [to vetting immigrants] would be based on areas where we have an unusually high risk of terrorists coming in".

In his speech on fighting terrorism on August 15, 2016, Trump identified "immigrants or children of immigrants" as "[t]he common thread linking the major Islamic terrorist attacks that have recently occurred on our soil – 9/11, the Ft. Hood shooting, the Boston Bombing, the San Bernardino attack, the Orlando attack". In a speech on August 31, 2016, Trump proposed suspending visas to specific areas, including Syria and Libya, which are countries that were eventually implicated by the executive order, as follows:

We are going to suspend the issuance of visas to any place where adequate screening cannot occur. According to data provided by the Senate Subcommittee on Immigration and the National Interest, between 9/11 and the end of 2014 at least 380 foreign-born individuals were convicted in terror cases inside the United States and even right now, the largest number of people are under investigation for exactly this that we’ve ever had in the history of our country. Our country is a mess. We don't even know what to look for anymore, folks. Our country has to straighten out and we have to straighten out fast. The number is likely higher, but the [Obama] administration refuses to provide this information even to Congress. As soon as I enter the White House, I am going to ask the Department of State (which has been brutalized by Hillary Clinton), Homeland Security, and the Department of Justice to begin a comprehensive review of these cases in order to develop a list of regions and countries from which immigration must be suspended until proven and effective vetting mechanisms can be put in place. I call it extreme vetting. Right extreme. I want extreme. It's going to be so tough and if somebody comes in that's fine but they're gonna be good—it’s extreme. And if people don’t like it, we gotta have a country folks [shrugs]. Countries from which immigration would be suspended would include places like Syria and Libya and we are going to stop the tens of thousands of people coming in from Syria. We have no idea who they are, where they come from, there's no documentation, there's no paperwork, it's going to end badly folks, it's going to end very, very badly.

As a candidate, Trump's "Contract with the American Voter" pledged to suspend immigration from "terror-prone regions". Trump-administration officials then billed the executive order as fulfilling this campaign promise. The Trump campaign's reference to "terror-prone regions" echoes Senator Sessions' calls to restrict immigration from "terror-prone regions", made since at least 2012. Trump's campaign website has credited Sessions as an influential advisor on immigration since at least 2015. Political operative Stephen Miller, a "major architect" of the refugee and visa ban according to the Los Angeles Times, learned about immigration policy in the office of Senator Sessions before becoming a top Trump advisor and speechwriter.

President Trump has told the Christian Broadcasting Network (CBN) that Christian refugees will be given priority in terms of refugee status in the United States, after claiming that Syrian Christians were "horribly treated" by his predecessor, Barack Obama. In 2016, the U.S. accepted 12,587 Syrians of which 99% were Muslim and less than 1% were Christian.

Development of the order

The U.S. Department of Justice's Office of Legal Counsel (OLC), which usually reviews all executive orders before issuance, declined to say whether it had reviewed the order. Two days after the order's issuance, the OLC had not posted a publicly available opinion regarding the executive order to its website. NBC News reported that the order was not reviewed by the Justice Department or by the departments of Homeland Security (DHS), State, or Defense, and that attorneys at the National Security Council were blocked from evaluating the order. According to CNN, the executive order was developed primarily by White House officials (which the Los Angeles Times reported included Steve Bannon and Stephen Miller) without input from the Justice and Homeland Security departments that is typically a part of the drafting process. This claim was disputed by White House officials. Trump aides said that the order had been issued in consultation with DHS and State Department officials; however, multiple officials at the State Department and other agencies denied the veracity of that assertion.

An official from the Trump administration said that parts of the order had been developed in the transition period between Trump's election and his inauguration. Former New York City mayor Rudy Giuliani said on Fox News that President Trump came to him for guidance over the order. He said that Trump called him about a "Muslim ban" and asked Giuliani to form a committee to show him "the right way to do it legally". The committee, which included former U.S. attorney general Michael Mukasey, and Reps. Mike McCaul and Peter T. King, decided to drop the religious basis and instead focused on regions where Giuliani says that there is "substantial evidence that people are sending terrorists" to the United States.

Provisions

Section 3 of the order blocks entry of aliens, regardless of valid non-diplomatic visa, from countries covered under a section of the Immigration and Nationality Act (INA), namely Libya, Sudan, Somalia, Syria, Iran, Iraq, and Yemen, for 90 days, after which a list of additional countries must be prepared. The cited section of the INA refers to aliens who have been present in or are nationals of Iraq, Syria, and other countries designated by the Secretary of State. At the time of the signing of the order, the list of the countries considered to be "countries of concern" was last reviewed in February 2016, under Obama's administration.

The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, must conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA. Within 30 days, the Secretary of Homeland Security must list countries that do not provide adequate information. The foreign governments then have 60 days to provide the information on their nationals, after which the Secretary of Homeland Security must submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals from countries that do not provide the information.

The order also said that the Secretaries of State and Homeland Security may, on a case-by-case basis and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.

Section 5 suspends the U. S. Refugee Admissions Program (USRAP) for 120 days, to be resumed only for such countries as the Secretaries of State and Homeland Security and the Director of National Intelligence determine. The suspension for Syrian refugees is indefinite. The number of new refugees allowed in 2017 is capped to 50,000, down from 110,000. After the resumption of USRAP, refugee applications will be prioritized based on religion-based persecutions only in the case that the religion of the individual is a minority religion in that country.

Section 7 of the order calls for an expedited completion and implementation of a biometric entry/exit tracking system for all travelers coming into the United States.

The order invokes the September 11 attacks to point out prior state department policy not allowing proper scrutiny of visa applications of the attackers. Moreover, commentators for Bloomberg News, the Washington Post and NPR have noted that countries of origin for previous terrorist attacks like Saudi Arabia and Egypt and other "Muslim-majority countries where [the] Trump Organization has done business or pursued potential deals" are excluded from the scope of the order.

Green card holders

There was some confusion about the status of green card holders (permanent residents). Initially, the Department of Homeland Security said that the order barred green card holders from the affected countries, and White House officials said that they would need a case-by-case waiver to return. On January 29, White House Chief of Staff Reince Preibus said that green card holders would not be prevented from returning to the United States. According to the Associated Press, as of January 28 no green card holders were ultimately denied entry to the U.S., although several initially spent "long hours" in detention. On January 29, the Secretary of Homeland Security John F. Kelly deemed entry of lawful permanent residents into the U.S. to be "in the national interest", exempting them from the ban according to the provisions of the executive order.

Dual citizens

There is similar confusion about whether the order affects dual citizens of a banned country and a non-banned country. The U.S. State Department said that the order did not affect U.S. citizens who also hold citizenship of one of the seven banned countries. On January 28, the State Department stated that other travelers with dual nationality of one of these countries - for example, an Iranian who also hold a Canadian passport - would not be permitted to enter. However, the International Air Transport Association told their airlines that dual nationals who hold a passport from a non-banned country would be allowed in. The United Kingdom's Foreign and Commonwealth Office also issued a press release saying that it applies to those traveling from the listed countries, not those that merely have their citizenship. The confusion led companies and institutions to take a more cautious approach; for example, Google told its dual national employees to stay in the United States until more clarity could be provided.

Impact

Shortly after the enactment of the executive order at 4:42 pm on January 27, border officials across the country began enforcing the new rules. The New York Times reported people with various backgrounds and statuses being denied entry or sent back, including refugees and minority Christians from the affected countries as well as students and green card holders returning to the United States after visits abroad.

People from the countries mentioned in the order were turned away from flights to the U.S., even though they had valid visas. Some were stranded in a foreign country while in transit. Several people already on planes flying to the U.S. at the time the order was signed were detained on arrival. On January 28, the ACLU estimated that there were 100 to 200 people being detained in U.S. airports, and hundreds were barred from boarding U.S.-bound flights. About 60 legal permanent residents were reported to have been detained at Dulles International Airport near Washington, D.C. The Department of Homeland Security said that on January 28 the order affected "less than one percent" of the 325,000 air travelers who arrived in the United States. By January 29, the Department of Homeland Security estimated that 375 travelers had been affected with109 travelers in transit and another 173 prevented from boarding flights. In some airports, there were reports that Border Patrol agents were requesting access to traveler's social media accounts.

Google called its traveling employees back to the U.S., in case the order prevents them from returning. About 100 of the company's employees were thought to be from the countries in the order. Google CEO Sundar Pichai wrote in a letter to his staff that "it's painful to see the personal cost of this executive order on our colleagues. We’ve always made our view on immigration issues known publicly and will continue to do so."

According to Trita Parsi, the president of the National Iranian American Council, the order distressed citizens of the affected countries, including those holding valid green cards and visas. Those outside the U.S. fear that they will not be allowed in, while those already in the country fear that they will not be able to leave, even temporarily, because they would not be able to return.

Reactions

Official statement

Trump's speech just after signing the executive order on January 28, 2017 indicated its purpose was to keep "radical Islamic terrorists" from the U.S. and invoked September 11. On January 29, 2017, Trump issued an official statement clarifying his stance on the executive order. Trump claimed that his policy is "similar to what President Obama did in 2011 when he banned visas for refugees from Iraq for six months" and stated that the executive order did not target religion, stating "there are over 40 different countries worldwide that are majority Muslim that are not affected by this order". Trump concluded, "I have tremendous feeling for the people involved in this horrific humanitarian crisis in Syria." Glenn Kessler of The Washington Post stated that Obama limited immigration for six months, but continued to admit refugees during all six months and did not ban all citizens (including green card holders) from traveling to the United States, although lawful permanent residents have since been exempted from Trump's executive order. Jonathan Chait of New York magazine said that the 2011 case involved a temporary response to specific intelligence regarding two suspicious Iraqi refugees and said that Trump's "sweeping halt in the absence of a reported breach" is not comparable.

The Trump administration's January 30, 2017 follow-up statement claimed the order applied to countries "previously identified by the Obama administration as sources of terror". The Trump administration's executive order relied on H.R.158 or the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, which was passed by congress and signed into law by President Obama. The act barred citizens from entering the United States without a visa if they came from Iraq, Syria, Iran and Sudan, with Libya, Yemen and Somalia added later. Travelers from 38 other countries were allowed to enter without a visa for up to 90 days. H.R. 158 did not ban entry from any designated country.

On January 30, White House press secretary, Sean Spicer, used the Quebec City mosque shooting as an illustration of the need for anti-terror policies saying, "It's a terrible reminder of why we must remain vigilant, and why the president is taking steps to be proactive, rather than reactive, when it comes to our nation's safety and security." However, as the Toronto Star pointed out, it was strange to use this example since the accused gunman was not a Muslim. The Independent in the UK also reported that Spicer's comments seemed to use the terrorist attack on the mosque as a justification for the executive order.

Official social media

Trump has also defended his executive order through Twitter. On January 29, he tweeted: "Our country needs strong borders and extreme vetting, NOW. Look what is happening all over Europe and, indeed, the world - a horrible mess!" On Monday, he continued to tweet, where he "de-emphasized the number of travelers affected by the hasty implementation of the travel ban," according to Business Insider. It was also written in The Washington Post that his tweets were intended to minimize the impact the executive order had on travelers. In several other tweets on Monday, he blamed travel delays on a Delta airline computer outage, "protesters and the tears of Senator Schumer." Trump defended the executive order on Twitter, stating that searching for terrorists is not about being "nice" and that "[i]f the ban were announced with a one week notice, the 'bad' would rush into our country during that week. A lot of bad 'dudes' out there!"

Domestic political reaction

Trump on refugee order: "It's not a Muslim ban" (video from Voice of America)

Trump faced much criticism for the executive order. Democrats "were nearly united in their condemnation" of the policy, with Senate Minority Leader Chuck Schumer saying that "tears are running down the cheeks of the Statue of Liberty tonight as a grand tradition of America, welcoming immigrants, that has existed since America was founded, has been stomped upon." Senator Bernie Sanders of Vermont said the order "plays into the hands of fanatics wishing to harm America". Senator Kamala Harris of California and the Council on American–Islamic Relations denounced the order and called it a Muslim ban. Trump's order was also criticized by former U.S. Secretaries of State Madeleine Albright and Hillary Clinton. Kevin Lewis, spokesperson to Trump's predecessor Barack Obama, also noted (in apparent reference to the order) that the ex-president "fundamentally disagrees" with religious discrimination.

Among Republicans, some praised the order, with Speaker of the House Paul Ryan saying that Trump was "right to make sure we are doing everything possible to know exactly who is entering our country" while noting that he supported the refugee resettlement program. Republican Congressman Bob Goodlatte said that he was "pleased that President Trump is using the tools granted to him by Congress and the power granted by the Constitution to help keep America safe and ensure we know who is entering the United States". However, some top Republicans in Congress criticized the order. In a statement, Senators John McCain and Lindsey Graham cited the confusion that the order caused and the fact that the "order went into effect with little to no consultation with the Departments of State, Defense, Justice, and Homeland Security." McCain stated that the order would "probably, in some areas, give ISIS some more propaganda." In fact, ISIS-friendly channels on social media described the ban as "blessed". Senator Susan Collins, who had announced in August that she had made a decision to not vote for Trump because she felt he was "unsuitable for office" also objected to the ban calling it "overly broad" and saying that "implementing it will be immediately problematic." She also remarked, "As I stated last summer, religious tests serve no useful purpose in the immigration process and run contrary to our American values." Several other Republican senators offered more muted criticism. In response to McCain and Graham's statement, Trump criticized them on Twitter January 29, questioning their stance on immigration and saying that they "should focus their energies on ISIS, illegal immigration and border security instead of always looking to start World War III."

Sixteen Democratic state attorneys general signed a joint statement condemning the order as unconstitutional, including those in California, Pennsylvania and New York. The statement said they intended to "use all of the tools of our offices to fight this unconstitutional order". Virginia Governor Terry McAuliffe and New York Governor Andrew Cuomo both pledged to have their states look into how they could aid refugees in state airports.

U.S. diplomats

The "dissent cable" memo.

United States diplomats in the State Department have created a memo or "dissent cable" which outlines their disagreement with the order. The memo is to be sent through the "dissent channel" which was put into place in 1971 in order to allow senior leadership in the department to have access to differing viewpoints on the Vietnam War. On Monday, January 30, White House Press Secretary, Sean Spicer, told dissenting diplomats to leave their jobs if they do not agree with the Trump administration. He said, "They should either get with the program or they can go," despite the rules protecting dissenters in the State Department.

United Nations and human rights groups

United Nations High Commissioner for Human Rights Zeid Ra'ad al Hussein denounced the travel ban, writing that it was illegal under international human rights law "and wastes resources needed for proper counter-terrorism."

In a joint statement, the Office of the United Nations High Commissioner for Refugees and the International Organization for Migration urged the new Trump administration to follow "the longstanding U.S. policy of welcoming refugees," stating: "We strongly believe that refugees should receive equal treatment for protection and assistance, and opportunities for resettlement, regardless of their religion, nationality or race."

The travel ban was condemned by Amnesty International, which vowed to fight it; the director of Amnesty International USA termed the executive order "dangerous," while the director of Amnesty International UK said that it was "shocking and appalling" and feared that the ban become permanent. Human Rights Watch similarly condemned the measure, saying that "The decision to drastically curtail the refugee program will abandon tens of thousands to the risk of persecution or worse and cede American leadership on a vitally important issue" and would not make the U.S. safer.

Scholars and experts

Twenty Nobel Prize laureates, along with thousands of other scholars, including Fields Medal winners, John Bates Clark Medal recipients, and National Academy of Sciences members, signed a petition condemning the order, stating that the order compels the "unethical and discriminatory treatment of law-abiding, hard-working, and well-integrated immigrants fundamentally contravenes the founding principles of the United States" and was detrimental to the national interest. Nobel Peace Prize laureate Malala Yousafzai also condemned the executive order.

Benjamin Wittes of the Brookings Institution described the order as "malevolence tempered by incompetence", saying that it "will cause hardship and misery for tens or hundreds of thousands of people because that is precisely what it is intended to do". Law professor and conservative blogger Ilya Somin termed the order "cruel and counterproductive", saying "It inflicts great harm on many thousands of people while simultaneously endangering national security". Jonathan H. Adler declared that "the degree of administrative incompetence in [the order's] execution is jaw-dropping", criticizing "the cavalier and reckless manner in which this specific EO was developed and implemented".

In a 2016 political analysis paper by Alex Nowrasteh for the Cato Institute, Nowrasteh states "the chance of an American being murdered in a terrorist attack caused by a refugee is 1 in 3.64 billion per year". Citing Nowrasteh's paper, The Economist noted this makes death by cows, fireworks and malfunctioning elevators much likelier and described Trump's order as "almost worthless."

The Wall Street Journal editorial board blasted Trump's executive order as "blunderbuss and broad." The New York Times labeled the executive order as "cruel, bigoted, cowardly, and self-defeating," calling it a "blatantly unconstitutional" and "un-American" decision that exacerbated "injury and suffering ... on families that had every reason to believe they had outrun carnage and despotism in their homelands to arrive in a singularly hopeful nation." The Sacramento Bee condemned the order as "sickening, draconian, disgraceful, and wrong on every level, to the point of incompetence." The Boston Globe described the act as "shameful" and "offensive," claiming that it not only fails to protect Americans but also "hands a propaganda victory to ISIS, appearing to vindicate the claim that the United States is out to get Muslims."

According to experts, Trump's order "is unlikely to significantly reduce the terrorist threat in the United States", and "many experts believe the order's unintended consequences will make the threat worse". Professor Charles Kurzman of the University of North Carolina noted that since the September 11 attacks in 2001, "no one has been killed in the United States in a terrorist attack by anyone who emigrated from or whose parents emigrated from" the seven countries targeted by the order. Some experts also noted that "there was a random quality" in the selection of countries affected by the order; for example, Saudi Arabia and Egypt were not listed although many jihadist groups were established there, and Pakistan and Afghanistan were also not listed despite longstanding histories of extremism in those countries; while others, including two former White House chief ethics lawyers, found a possible correlation between exclusions from the order and the Trump Organization's business interests.

Professor Juan Cole of the University of Michigan noted that six of the seven countries named in the order (with the exception of Yemen) were suggested as targets for regime change in an alleged classified paper produced by the Office of the Secretary of Defense in the autumn of 2001 following 9/11. The allegation was made by former General Wesley Clark in his 2007 memoir A Time to Lead. Cole suggested that "the actual situation is the opposite from the one advertised by Trump. These are not countries that pose a danger to the U.S. They are countries to which the U.S poses the risk, of instability and millions of displaced".

Michael Hayden, who served Presidents Clinton, Bush, and Obama in high-level intelligence positions, including NSA director and CIA director, said of the executive order:

It's a horrible move. It is a political, ideological move driven by the language of the [Trump] campaign and… promises in the campaign that were hyped by an exaggeration of the threat, and in fact what [the U.S. is] doing now has probably made us less safe today than we were Friday morning before th[e] [executive order] happened. Because we are now living the worst jihadist narrative possible: that there is undying enmity between Islam and the West. Muslims out there who were not part of the jihadist movement are now being shown that the story they were being told by the jihadists—"They hate us, they’re our enemy"—that's being acted out by the American government. And frankly, at a humanitarian level, it's an abomination.

The executive order left American colleges and universities scrambling amidst confusion over the full scope and extent of the order. Several universities, including Johns Hopkins University, the University of Virginia and George Washington University, told affected students and faculty members affected to avoid traveling abroad because of fears that they would be barred from reentering the country. The Association of American Universities's associate vice president for federal relations said that the ban was "very, very disruptive," particularly to graduate students engaging in research. University presidents and other higher education leaders "said the order could ultimately hurt the country's competitiveness if the best and brightest research scholars no longer want to study or work in the United States," weakening American preeminence in higher education.

International reactions

Iran's Ministry of Foreign Affairs characterized Trump's order as insulting to the Islamic world and counter-productive in the attempt to combat extremism. It announced that Iran would take "reciprocal measures in order to safeguard the rights of its citizens". France and Germany condemned the order, with both countries' foreign ministers saying in a joint news conference that "welcoming refugees who flee war and oppression is part of our duty" and that "the United States is a country where Christian traditions have an important meaning. Loving your neighbor is a major Christian value, and that includes helping people". Canadian Prime Minister Justin Trudeau stated Canada would continue to welcome refugees regardless of their faith. Jenny Kwan, Member of Parliament for Vancouver East, wrote to Speaker Geoff Regan to indicate that she will call for an emergency debate in the Canadian House of Commons about the order.

British Prime Minister Theresa May was initially reluctant to condemn the policy, having just met with Trump the day prior, saying that "the United States is responsible for the United States policy on refugees". Fellow Conservative Nadhim Zahawi, MP for Stratford-on-Avon, who was born in Iraq, said that he and his (also British Iraqi) wife had been informed would not be able to visit the U.S., despite no longer holding Iraqi citizenship, and called the ban "demeaning and sad". The following day, however, the Prime Minister's Office released a statement that May did "not agree with this kind of approach", and that "it is not one [the United Kingdom] will be taking." Foreign Secretary Boris Johnson said the stigmatisation generated by such an approach was "divisive and wrong". The Foreign Office additionally stated that they had been received clarification on the policy, and that it would apply to dual nationals only if they were travelling to the United States from one of the listed countries. Following the order being signed, a parliamentary petition calling for Trump to be stopped from visiting the UK on a state visit reached over 1,400,000 signatures. Other British politicians, including Leader of the Opposition, Jeremy Corbyn, Liberal Democrat leader, Tim Farron and Mayor of London, Sadiq Khan, said that Trump should not come to the UK on a state visit, with Corbyn saying "I am not happy with him coming here until that ban is lifted". More than 1.6 million signed an official parliament petition which said that "Donald Trump's well documented misogyny and vulgarity disqualifies him from being received by Her Majesty the Queen or the Prince of Wales."

German chancellor Angela Merkel said that the "the necessary, decisive battle against terrorism does not justify a general suspicion against people of a certain origin or a certain religion" and in a phone call with Trump, explained to him America's obligations under the Refugee Convention. Among those affected by the order was the Bundestag member Omid Nouripour, who holds German–Iranian dual citizenship, and is the vice-chair of the German–American Parliamentary Friendship Group; German broadcaster Deutsche Welle reporting on this story said "Nouripour symbolizes the irrationality of US President Donald Trump's refugee arrival suspension policy and the temporary ban". Nouripour said he was "very happy and proud of all those people at the airport protesting and the voluntary lawyers who have achieved a lot. These are the best reasons to say that no matter what the administration will do, I will always love the United States." In total, around 100,000 Germans were believed to be affected by the law - chiefly German–Iranian dual citizens who are not legally allowed to surrender Iranian citizenship. Merkel's spokesperson has said the German government will "represent their interests, if needed, vis-a-vis our US partners". The Green Party of Germany has asked that if the executive order is not lifted, that Trump should be banned from entering Germany and thus prevented from attending the upcoming G20 Summit in Hamburg.

Positive reactions

The European far right applauded the executive order, Dutch politician and founder of the Anti-immigrant and anti-Islam Party for Freedom, Geert Wilders also said he supported the measure as did Alexander Gauland of the Alternative for Germany political party. Nigel Farage, the former leader of the UK Independence Party, welcomed the executive order and called upon his country to replicate it, as did Matteo Salvini of Italy's Lega Nord and Italian Senator Maurizio Gasparri.

Czech President Miloš Zeman praised the order, Hungarian prime minister Viktor Orban gave his support to it, and Foreign Minister of Italy Angelino Alfano said that Trump was "not doing anything other than implementing his promises" and that Europeans should not criticize him as "we too erect walls in Europe", a statement echoed by Polish Foreign Minister Witold Waszczykowski.

Some media outlets noted Australian prime minister Malcolm Turnbull was tepid in his comments on the order, with Turnbull saying it "is not my job" to criticize it. The Sydney Morning Herald criticized Turnbull's statement as one that was "positive" toward the policy.

Arts, culture, and sports

Iranian actress Taraneh Alidoosti, whose film The Salesman is nominated for an Academy Award, said she would boycott the ceremony to protest the visa ban. Asghar Farhadi, the film's director, may be blocked from attending the ceremony under the terms of Trump's program. The Academy of Motion Picture Arts and Sciences, which holds the ceremony, issued a statement denouncing the travel ban. Comedian Dave Chappelle also spoke against the executive order in Dayton, Ohio.

British long distance runner Sir Mo Farah, who was born in Somalia but holds only a British passport and lives and trains in Oregon, said that "Trump seems to have made me an alien" and that it was "deeply troubling" that he would be unable to train in Oregon or reunite with his family under the terms of the executive order; he also called attention to the difference between Trump's actions and those of Queen Elizabeth II, who had knighted Farah earlier in the year. After clarification, Farah said he was "relieved" he would be able to return to his family in the U.S.

Sami Zayn, a Syrian Canadian professional wrestler, wrote on Twitter, "I can't articulate how truly disgusted I am right now." American fencer Ibtihaj Muhammad wrote, "Our diversity makes our country strong." Michael Bradley, the captain of the United States men's national soccer team, wrote that he was "sad and embarrassed" by the executive order, adding that "the Muslim ban is just the latest example of someone who couldn't be more out of touch with our country and the right way to move forward."

Members of the basketball community also spoke out to condemn the executive order. Canadian Steve Nash wrote, "Freedom and liberty packing up their things." American Nazr Mohammed wrote, "It's a tough day when you find out that so many people that you thought were fans or friends really hate you and everything you believe in." Enes Kanter, who is Turkish, wrote, "I am still in disbelief about the [Muslim ban]." Jeremy Lin, who is Chinese American, apologized to people affected by the executive order, then added, "this is for real getting out of control." American Rondae Hollis-Jefferson called the executive order "BS." Alexander Lasry, the senior vice president of the Milwaukee Bucks, wrote, "This is not who we are as a country and doesn’t live up to our ideals." Steve Kerr, the head coach of the Golden State Warriors, said, "What's happening right now is really scary and disconcerting."

Business community

Protests at the headquarters of Google, January 30, 2017, which drew about 2,000

Technology companies denounced Trump's ban, and several recalled their employees to the United States. Twitter chief executive Jack Dorsey, Microsoft chief executive Satya Nadella, Apple CEO Tim Cook, Facebook chief executive Mark Zuckerberg, Tesla chief executive Elon Musk, Netflix chief executive Reed Hastings, and Google CEO Sundar Pichai were among the tech leaders who spoke out against the executive order. The Internet Association, a trade association representing Amazon, LinkedIn, and other companies, stated, "The internet industry is deeply concerned with the implications of President Trump's executive order limiting immigration and movement into the United States." Moved by Mo Farah's statement regarding the impact of the executive order, Nike chairman Mark Parker affirmed that his company would stand "together against bigotry and any form of discrimination". In solidarity with refugees affected by Trump's ban, ride-sharing company Lyft donated one million dollars to the ACLU to support legal challenges against the order. Airbnb CEO Brian Chesky offered to provide housing to refugees banned from the United States, and Starbucks CEO Howard Schultz pledged to hire 10,000 refugees at branches around the world over the next five years. The Koch brothers' seminar network stated its opposition to the ban.

Financial markets

The stock market had its biggest drop in 2017 as investors reacted to the curb on immigration. As uncertainty about the executive order continued, investors began to "dump stocks and the dollar" causing the Dow Jones Industrial Average to fall below 20,000. European and Asian markets also closed at lower rates because of the uncertainty surrounding the executive order.

Public opinion

As of January 31, a poll had not yet been done to assess public opinion of Trump's executive order. On January 28, FiveThirtyEight discussed the ban saying, "the scope of Trump’s executive order is such that we’re largely in uncharted waters. Past polls are only so useful, as most of them did not ask about actions as broad as the ones Trump undertook." Summarizing past polls they found that Americans generally support reductions in immigration and refugee intake numbers, but oppose a religion-based immigration ban and blanket bans. A Rasmussen Reports national survey taken on January 25–26 found that 57% of likely U.S. voters support temporary reductions, 33% are opposed, and 10% are undecided. A Quinnipiac University national poll conducted January 5–9 showed American voters support 48–42 percent "suspending immigration from 'terror prone' regions, even if it means turning away refugees from those regions." The same poll showed that American voters support 53–41 percent "requiring immigrants from Muslim countries to register with the federal government."

Jewish political organizations

The Economist noted that that the order was signed on International Holocaust Remembrance Day, "a time when many Americans recall with anguish the hundreds of German Jewish refugees denied entry to American ports." This fact, as well as Trump's omission of any reference to Jews or Anti-Semitism in his concurrent address for Holocaust Remembrance Day and the ban's possible effect on Muslim refugees, led to condemnation from Jewish political organizations, including the Anti-Defamation League, the HIAS, and J Street, as well as Holocaust survivors. Some of these organizations were involved in the protests against the immigration ban at the JFK International airport and in Manhattan, with groups of Jews, on the Sabbath, joining interfaith protests with Muslims against the immigration ban.

Protests

Main article: 2017 United States Donald Trump airport protests

See also: List of protests against Protecting the Nation from Foreign Terrorist Entry into the United States

Protests against the order at New York's John F. Kennedy International Airport

Trump immigration order sparks protests at New York's airport (report from Voice of America)

Protests against the order at San Francisco International Airport on January 29, 2017

On January 28 and thereafter, thousands of protesters gathered at airports and other locations throughout the United States to protest the signing of the order and detention of the foreign nationals.

• Albuquerque International Sunport
• Atlanta, Hartsfield–Jackson Atlanta International Airport
• Boise Airport
• Boston, Logan International Airport
• Chicago, O'Hare International Airport
• Columbus, Ohio John Glenn Columbus International Airport
• Dallas-Fort Worth International Airport
• Denver International Airport
• Detroit Metropolitan Airport
• Honolulu International Airport
• Houston, George Bush Intercontinental Airport
• Los Angeles International Airport
• Miami International Airport
• Minneapolis–Saint Paul International Airport
• New York, John F. Kennedy International Airport
• Newark Liberty International Airport
• Philadelphia International Airport
• Portland International Airport
• Salt Lake City International Airport
• San Angelo Regional Airport
• San Antonio International Airport
• San Diego International Airport
• San Francisco International Airport
• Seattle–Tacoma International Airport
• Washington Dulles International Airport

Members of the United States Congress, including Senator Elizabeth Warren (D-MA) and Congressman John Lewis (D-GA) joined the protests in their own home states. Google co-founder Sergey Brin and Y Combinator president Sam Altman joined the protest at San Francisco airport. Virginia governor, Terry McAuliffe, joined the protest at Dulles International Airport on Saturday.

In response to protests, the airport operators of John F. Kennedy International Airport in New York and Seattle–Tacoma International Airport shut down transit access to the airport (AirTrain JFK and the SeaTac/Airport light rail station, respectively). New York Governor Andrew Cuomo ordered that AirTrain service resume, while Sound Transit ordered the resumption of light rail service in Seattle.

Lawsuits

Main article: Lawsuits against the immigration policy of Donald Trump

On January 28, the American Civil Liberties Union (ACLU) filed a lawsuit on behalf of two Iraqis who were detained at New York's John F. Kennedy International Airport on January 27, hours after the order was signed. The lawsuit said that the executive order was in violation of procedural due process under the Fifth Amendment to the United States Constitution, the Immigration and Nationality Act, the Convention Against Torture, the Foreign Affairs Reform and Restructuring Act of 1998, and the Administrative Procedure Act. The Council on American–Islamic Relations (CAIR) also said that it planned to file a lawsuit.

On January 28 at about 9:00 p.m. EST, Ann Donnelly, a District Judge from the Eastern District of New York, blocked part of the order, ruling that refugees, naturalized citizens, visa holders, and green-card holders from the seven affected countries could not be sent back to their home countries. Donnelly was acting her capacity as miscellaneous duty judge, and the case was assigned to Judge Carol Bagley Amon the following Monday, along with other related cases in the same district. The decision covers airport detainees and those already in transit, estimated to number between 100 and 200. Although the court found a "strong likelihood" that the enforcement of the order violated the detainees' constitutional rights, the court did not address whether the order is facially constitutional. The stay will be in effect until a hearing scheduled for February 21.

Similar stays have been issued in other cases, Virginia Federal Judge Leonie Brinkema in Aziz v. Trump and Washington Federal Judge Thomas Zilly.

On January 29 at 1:51 a.m. EST, U.S. District Judge Allison Burroughs and Magistrate Judge Judith Dein ordered that the same group of people shall not be detained or removed, and explicitly applied the same protections to U.S. permanent residents. Specially, the order barred the detention of those "who, absent the Executive Order, would be legally authorized to enter the United States." Further, the judges ordered the U.S. Customs and Border Protection to notify airlines with flights arriving at Logan Airport of the court order and "the fact that individuals on these flights will not be detained or returned based solely on the basis of the Executive Order." This court order restores the ability for lawful immigrants from the seven barred nations to enter the U.S. through Logan Airport.

Lawyers representing the affected travelers said on January 29 that some authorities were unwilling to follow the judge's ruling, citing the refusal of Border Patrol agents at Washington Dulles Airport to allow attorneys to communicate with detainees in violation of a district judges' ruling that required such access. Many detainees were held for hours without access to family, friends, or legal assistance.

The state of Washington is filing a legal challenge to the executive order and the state has the support of Amazon.com Inc and Expedia Inc.

Federal response

In response to the lawsuits, the DHS issued an statement on January 29 saying that that it would continue to enforce all of the executive order and that "prohibited travel will remain prohibited", noting that "no foreign national in a foreign land, without ties to the United States, has any unfettered right to demand entry into the United States or to demand immigration benefits in the United States." On the same day, a White House spokesperson said that the rulings did not undercut the executive order, and that "All stopped visas will remain stopped. All halted admissions will remain halted. All restricted travel will remain prohibited." On January 30, Acting Attorney General Sally Yates, an Obama administration appointee holding the position until the confirmation of Jeff Sessions, barred the Justice Department from defending the executive order in court. According to Yates, the department's Office of Legal Counsel conducted a review of the order in order to determine if it was "lawful on its face," but she said that the review did not address the order's effects, which she felt were not in keeping "with this institution’s solemn obligation to always seek justice and stand for what is right." She went on further to say that, regardless of the Office of Legal Counsel's opinion, she was not "convinced that the executive order is lawful." After coming out against Trump's refugee ban, however, Trump quickly relieved her of her duties, calling her statement a "betrayal" to the administration. He replaced her with Dana J. Boente, the United States Attorney for the Eastern District of Virginia.

See also

• Ideological restrictions on naturalization in U.S. law
• List of United States federal executive orders 13765 and above
• Patriot Act
• United States Citizenship and Immigration Services
• Visa policy of the United States

External links

• Full text of Executive Order via the White House
• Relevant court filings and orders