ExecutiveOrdersEO
Memo 13780MemorandumTrump 45 · R

Presidential Memorandum 13780

Effective Date in Executive Order 13780

This memorandum clarifies that provisions of Executive Order 13780 (the travel ban) enjoined by federal courts would become effective only when injunctions are lifted or stayed, rather than on the original March 16, 2017 date. It directs relevant cabinet secretaries and the DNI to begin implementation 72 hours after any injunction is lifted, and protects visas issued during the injunction period from revocation.

Federal Register Open PDF 82 FR 27965

Impact dates

  1. 72-hour preparation period after injunctions lifted before implementation begins

  2. Joint implementation of relevant provisions of sections 2 and 6 begins

Key directives

  • Declare effective date of enjoined provisions as date/time injunctions lifted or stayed
  • Construe memorandum as amending EO 13780 if necessary
  • Direct Secretary of State, Attorney General, Secretary of Homeland Security, and DNI to jointly begin implementation 72 hours after applicable injunctions lifted or stayed
  • Authorize consular officers to issue valid visas and DHS to admit otherwise eligible aliens without regard to sections 2 and 6 prior to implementation
  • Protect visas and travel documents issued during injunction period as valid for travel

Who is ordered

Timeline

Immediate

  • Memorandum declares new effective date framework for enjoined provisions
  • Visas issued before effective date of section 2(c) protected from revocation

Near term (90d)

  • Potential implementation if injunctions lifted (litigation pending at time of signing)

Long term

  • Established interpretive framework for delayed implementation of enjoined executive order provisions

Risks & tensions

  • Litigation uncertainty: document explicitly responds to pending court cases with unresolved outcomes
  • Potential confusion in interpretation of 'lifted or stayed' across multiple jurisdictions (4th and 9th Circuits)
  • Tension between executive branch timing preferences and judicial constraints
  • Vague whether 'all applicable injunctions' requires lifting across both circuits or per-provision basis
Presidential Memorandum 13780: Effective Date in Executive Order 13780 · Executive Orders