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CRS INSIGHT
President Trump's Executive Order on Suspending
Entry of Select Foreign Nationals: The Seven Countries
February 1, 2017 (IN10642)
Related Author
Ali&on-Sis kin
Alison Siskin, Specialist in Immigration Policy (asiskin@ crs !c ~ov, 7-0260)
On January 27, 2017, President Trump signed an executive order (EO) entitled Protecting the Nation from Foreign
Termists Ent:y IntoQ the United States Invoking Immig ration and Nationali Act (INA) §212(f3, the Presidentbarred
citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for 90 days, with
limited exceptions for those traveling on diplomatic and certain other types of visas. The action has given rise to the
question of how these seven countries were selected.
The EO does not specifically mention the seven countries. Instead, the EO suspends the entry of aliens from the
countries referenced in INA 6217(a)(12), which details certain persons who are restricted from traveling to the United
States under the Yisa Miver Program (VWP). The VWP allows nationals from 38 countries, many of which are in
Europe, to enter the United States as temporary visitors (nonimmigrants) for business or pleasure without first obtaining
a visa from a U.S. consulate abroad. Temporary visitors for business or pleasure from non-VWP countries must obtain a
visa from Department of State (DOS) officers at a consular post abroad before coming to the United States.
Visa Waiver Program Travel Restrictions
The VWP travel restrictions under INA §217(a)(12) were enacted as part of the FY2016 Consolidated Appropriations
Act (P.L 114-113), which was signed into law on December 18, 2015. They originated in H R 158, the Visa Waiver
Program Improvement Act of 2015, which was passed by the House on December 8, 2015, by a vote of 407 to 19. H.R.
158, as passed by the House, was included as Title II of P.L. 114-113.
Among other things, the new INA §217(a)(12) changed who may travel to and enter the United States under the VWP.
It prohibits people who were present in certain countries on or after March 1, 2011, with limited exceptions, from
traveling under the VWP. In addition, the provision makes anyone who is a dual national of a VWP country and one of
these specified countries generally ineligible to travel under the VWP. INA §217(a)(12) specifies that the countries that
trigger the prohibitions are
Iraq and Syria. Congress specified these two countries in the legislation.
[A] country that is designated, at the time the alien applies for admission, by the Secretary of State under iiQn](ViewImageLocal?handle=hein.crs/crsmthmargs0001&div=1&collection=&method=preview&ext=.png&size=3)
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