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WHA Actively Monitors President’s Executive Order Imposing Temporary Travel Ban

February 03, 2017

Late in the afternoon Friday, January 27, President Donald Trump signed an Executive Order that, among other things, imposes a 90-day ban on entry into the United States for nationals of seven designated countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

The Order applies to non-U.S. citizen nationals from the seven affected countries entering the United States, “as immigrants and nonimmigrants,” on any visa category, except for certain diplomatic visas. The Order states that other countries may be added to the banned list in the future.

Notwithstanding the travel ban, the Order gives the Department of Homeland Security (DHS) the authority, “on a case-by-case basis, and when in the national interest, [to] issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.” Late January 29, DHS Secretary John Kelly issued a formal statement that declared if an otherwise affected traveler holds a green card, i.e., has been granted permanent legal residency in the United States, this would be “a dispositive factor in our case-by-case determinations.”

Since the Order was released, federal judges in several states have put temporary stays on portions of the Order, and more legal challenges are expected or already underway.

WHA will continue to monitor the Order for further clarifications from the Administration and the outcome of anticipated legal challenges. According to WHA President/CEO Eric Borgerding, “Wisconsin hospitals and health systems have a diverse health care workforce and...maintaining patient access to Wisconsin’s high-quality, high-value health care relies in part on our doctors and nurses from the international community.”

A copy of the Order may be found at: www.cnn.com/2017/01/28/politics/text-of-trump-executive-order-nation-ban-refugees. A link to the American Hospital Association’s official statement on the Order may be found at: www.aha.org/presscenter/pressrel/2017/013017-pr-immigration.shtml.

For additional information on the Order, two of WHA’s corporate member law firms, Hall Render and Quarles & Brady, have recently published guidance:

www.hallrender.com/2017/01/30/third-immigration-executive-order-signed
www.quarles.com/publications/government-immigration-proposals-that-will-affect-employers-and-employees

If you have questions about the Order, or if you are having any issues with foreign-born providers not being able to re-enter the United States, contact Andrew Brenton, WHA assistant general counsel, at abrenton@wha.org or Matthew Stanford, WHA general counsel, at mstanford@wha.org or 608-274-1820.
 

This story originally appeared in the February 03, 2017 edition of WHA Newsletter