MEMORANDUM FOR THE SECRETARY OF STATE
THE ATTORNEY GENERAL
THE SECRETARY OF HOMELAND SECURITY
THE DIRECTOR OF NATIONAL INTELLIGENCE
SUBJECT: Effective Date in Executive Order 13780
This
memorandum provides guidance for the Secretary of State, the Attorney
General, the Secretary of Homeland Security, and the Director of
National Intelligence in light of two preliminary injunctions
that bar enforcement of certain provisions of Executive Order 13780,
"Protecting the Nation from Foreign Terrorist Entry into the
United States" (Mar. 6, 2017). The preliminary injunction entered by
the United States District Court for the District of Maryland,
and affirmed in substantial part by the United States Court of Appeals
for the Fourth Circuit, bars enforcement of section 2(c) of the
Executive Order. The portions of the preliminary injunction entered by
the United States District Court for the District
of Hawaii that were affirmed by the recent decision of the
United States Court of Appeals for the Ninth Circuit bar enforcement of
certain provisions of sections 2 and 6 of the Executive Order.
Various
provisions of sections 2 and 6 of the Executive Order (as well as
sections 3 and 12(c), which delineate the scope of the suspension
contained in section 2(c)), refer to the Order's effective
date. Section 14 of the Executive Order provides that the Order was
effective at 12:01 a.m.,
eastern daylight time on March 16, 2017. Sections 2 and 6, however,
were enjoined before that effective date, and the courts of appeals have
affirmed the injunctions
with respect to certain provisions of sections 2 and 6. As a result,
under the terms of the Executive Order, the effective date of the
enjoined provisions (as well as related provisions of sections 3 and
12(c)) is delayed or tolled until those injunctions
are lifted or stayed.
In
light of questions in litigation about the effective date of the
enjoined provisions and in the interest of clarity, I hereby declare the
effective date of each enjoined provision to be the date
and time at which the referenced injunctions are lifted or stayed with
respect to that provision. To the extent it is necessary, this
memorandum should be construed to amend the Executive Order.
Because
the injunctions have delayed the effective date of section 12(c), no
immigrant or nonimmigrant visa issued before the effective date of
section 2(c) shall be revoked pursuant to the Executive
Order.
I
hereby direct the Secretary of State, the Attorney General, the
Secretary of Homeland Security, and the Director of National
Intelligence to jointly begin implementation of each relevant provision
of sections 2 and 6 of the Executive Order 72 hours after all
applicable injunctions are lifted or stayed with respect to that
provision, to ensure an orderly and proper implementation of those
provisions. Prior to that time, consular officers may issue valid
visas to, and the Secretary of Homeland Security may admit, otherwise
eligible aliens without regard to sections 2 and 6. If not otherwise
revoked, visas and other travel documents issued during this period
remain valid for travel as if they were issued prior
to the effective date.
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