Executive Order Temporarily Limiting Entry Into the U.S. *Update*

Update 20 March 2017

The Executive Order (EO) 13780 issued by President Trump on 6 March has been temporarily suspended by two Federal courts, with a third ruling expected in the near future. Until all legal challenges have been concluded, the EO will remain suspended, as set out in the latest Freehill Hogan & Mahar LLP alert, which can be read here.

Update 7 March 2017

On 6 March President Trump signed EO 13780 entitled “Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States”.  It revokes and replaces the previous Executive Order of 27 January and is effective from 16 March.  The new EO restricts travel to the U.S. from Iran, Libya, Somalia, Sudan, Syria and Yemen (but not Iraq). 

Crewmembers from the affected countries will not be permitted:

(a)    To enter the U.S. unless they hold valid visas prior to March 16 and they will not be able to obtain visas until 90 days after March 16.

(b)   To leave vessels which arrive at U.S. ports and it may be that U.S. authorities order armed guards be placed at the vessel’s gangway.

A bulletin issued by Freehill Hogan & Mahar LLP provides further details and can be read here.

Update 13 February 2017

The recent Executive Order issued by President Trump regarding restrictions on immigration to the United States has been temporarily suspended. This suspension followed a legal challenge to the Executive Order and is therefore not currently enforced.

The bulletin issued by Freehill Hogan & Mahar LLP provides further details and can be read here.

31 January 2017

As has been widely publicised, on 27 January President Trump issued an Executive Order banning for 90 days any immigrant or non-immigrant entry into the U.S. of foreign citizens from Syria, Yemen, Sudan, Somalia, Iran, Iraq and Libya:

(a)   For the next 90 days crewmembers from these seven countries, whether or not they hold visas, should anticipate difficulties if their vessel calls at a U.S port. 

(b)   It is expected that crew from these countries will be denied shore leave if their vessel calls at  a U.S. port.

(c)     It is recommended that vessel owners with crewmembers from any of the seven countries avoid any crew changes in the U.S.  At least initially, it is expected that very limited, if any,  discretion will be exercised in the enforcement of this E.O.   News reports of the initial implementation suggest that the E.O was being applied to the letter of its terms. 

(d)   Section 3(g) of the E.O. provides that notwithstanding the 90 day ban on the entry in to the U.S. of immigrant and non-immigrant persons from the seven designated countries, “…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.”  If a medical emergency necessitates a crew change in the U.S., and if either the crewmember to be removed from the vessel, or the replacement crew member, is from one of the seven designated countries, Section 3(g) may serve as a basis to seek an exception to the 90 day immigration ban.

(e)    Where the crewmember is not intending to disembark, the impact of the E.O. , if any,  on the vessel or the crewmember is at this stage unclear. It is possible, for example, that vessels could be ordered to post hired security guards to ensure that crewmembers do not depart the vessel.

As the position is clarified we will update Members accordingly.   Further details can be found in the Freehill Hogan & Mahar’s client alert.