EO 13769Executive OrderTrump 45 · R

Executive Order 13769

Protecting the Nation From Foreign Terrorist Entry Into the United States

This executive order suspended immigration and travel from seven Muslim-majority countries for 90 days, halted all refugee admissions for 120 days with an indefinite ban on Syrian refugees, capped FY2017 refugee admissions at 50,000, mandated new screening procedures, suspended the Visa Interview Waiver Program, and directed expedited implementation of a biometric entry-exit tracking system. It also required multiple agency reports on security reviews and established data collection requirements on terrorism-related offenses by foreign nationals.

Impact dates

  1. State Department report on long-term USRAP costs due

  2. First public data release on terrorism charges and gender-based violence due

  3. List of countries recommended for entry prohibition due (after 60-day request period expires)

  4. USRAP suspension ends; admissions resume only for approved countries

  5. Initial report on refugee religious-prioritization due

  6. Initial report on biometric entry-exit system due

  7. Initial report on uniform screening standards due

  8. Second joint progress report due

  9. Foreign governments requested to provide information within 60 days of notification

  10. Report on information needed for adjudications due

  11. First joint progress report on order implementation due

  12. 90-day suspension of entry for specified nationals begins

  13. 120-day USRAP suspension begins

Key directives

  • Suspend entry of nationals from INA 217(a)(12) countries for 90 days (Sec. 3(c))
  • Suspend U.S. Refugee Admissions Program for 120 days (Sec. 5(a))
  • Suspend Syrian refugee entry indefinitely (Sec. 5(c))
  • Cap FY2017 refugee admissions at 50,000 (Sec. 5(d))
  • Suspend Visa Interview Waiver Program (Sec. 8(a))
  • Expedite biometric entry-exit tracking system (Sec. 7(a))
  • Implement uniform screening standards including in-person interviews and database of identity documents (Sec. 4(a))
  • Prioritize religious minorities in refugee admissions (Sec. 5(b))
  • Collect and publicly release data on terrorism-related charges by foreign nationals every 180 days (Sec. 10(a))
  • Review visa reciprocity agreements (Sec. 9)
  • Request foreign governments provide information within 60 days of notification (Sec. 3(d))

Who is ordered

Timeline

Immediate

  • 90-day suspension of entry for nationals of specified countries
  • suspension of U.S. Refugee Admissions Program for 120 days
  • indefinite suspension of Syrian refugee entry
  • suspension of Visa Interview Waiver Program
  • 50,000 refugee cap for FY2017
  • initiation of review of information needed from countries for visa adjudications
  • expansion of Consular Fellows Program

Near term (90d)

  • report on information needed for adjudications due (30 days)
  • joint implementation progress report due (30 days)
  • initial report on uniform screening standards due (60 days)
  • request to foreign governments for information (60 days from report receipt)
  • second joint implementation progress report due (60 days)
  • third joint implementation progress report due (90 days)
  • list of countries recommended for entry prohibition due after 60-day request period expires

Long term

  • resumption of refugee admissions only for countries with adequate procedures (120 days)
  • initial report on refugee religious-prioritization due (100 days)
  • second report on uniform screening standards due (100 days)
  • initial report on biometric entry-exit system due (100 days)
  • second report on refugee religious-prioritization due (200 days)
  • third report on uniform screening standards due (200 days)
  • second report on biometric entry-exit system due (200 days)
  • first public data release on terrorism-related charges and gender-based violence due (180 days)
  • State Department report on long-term USRAP costs due (1 year)
  • third report on biometric entry-exit system due (365 days)
  • ongoing biennial public data releases every 180 days
  • periodic biometric entry-exit reports every 180 days until full deployment
  • proposal for state/local refugee placement involvement
  • review of visa reciprocity agreements
  • consideration of rescinding terrorism inadmissibility guidance

Risks & tensions

  • Legal vulnerability: 90-day entry suspension and religious prioritization faced immediate constitutional challenges (later partially enjoined)
  • Vague enforcement: 'Deteriorating conditions' and 'hostile attitudes' lack clear definitional boundaries
  • Reciprocity provision (Sec. 9) could trigger retaliatory visa restrictions from affected countries
  • State/local jurisdiction involvement in refugee placement (Sec. 5(g)) may conflict with federal preemption and existing resettlement frameworks
  • Case-by-case waiver provisions (Sec. 3(g), 5(e)) create administrative burden without clear standards
  • Data collection mandate (Sec. 10(a)(iii)) on 'honor killings' by foreign nationals uses loaded terminology and may conflate distinct legal categories
Executive Order 13769: Protecting the Nation From Foreign Terrorist Entry Into the United States · Executive Orders