Executive Order 13780

Executive Order 13780
Protecting the Nation from Foreign Terrorist Entry into the United States
Seal of the President of the United States
President Trump signing the revised order
in the Oval Office
Executive Order 13780 in the Federal Register
TypeExecutive order
Executive Order number13780
Signed byDonald Trump on March 6, 2017 (2017-03-06)
Federal Register details
Federal Register document number2017-04837
Publication dateMarch 9, 2017 (2017-03-09)
Document citation82 FR 13209
Summary

Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. by nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, and barred entry for all refugees who did not possess either a visa or valid travel documents for 120 days. This executive order—sometimes called "Travel Ban 2.0"[2][3]—revoked and replaced Executive Order 13769 issued on January 27, 2017.

The order was challenged in court by several states. On March 15, 2017, Judge Derrick Watson of the District Court for the District of Hawaii issued a temporary restraining order enjoining the government from enforcing several key provisions of the order (Sections 2 and 6). The judge determined the executive order was likely motivated by anti-Muslim sentiment and thus breached the Establishment Clause of the United States Constitution. On the same date, Judge Theodore Chuang of the District Court for the District of Maryland reached a similar conclusion (enjoining Section 2(c) only).[4] On May 25, 2017, the Court of Appeals for the Fourth Circuit refused to reinstate the ban on constitutional grounds, citing religious discrimination.[5] On June 26, 2017, the Supreme Court agreed to hear oral arguments for the petition to vacate the injunctions, meanwhile allowing the government to move forward with a narrowed portion of the ban.[6] The Court eventually dismissed the challenges for losing practical relevance after the 90-day travel ban expired. On September 24, 2017, President Trump signed Presidential Proclamation 9645, replacing the expired ban.[7] The new proclamation banned entry for many nationals of Iran, Libya, Somalia, Syria, Yemen, Chad, Venezuela, and North Korea. The district court and court of appeals again enjoined the new proclamation. On December 4, the Supreme Court allowed the ban to go into full effect, pending legal challenges. On June 26, 2018, the Supreme Court upheld the president's authority to implement these restrictions in the case of Trump v. Hawaii.[8] On February 21, 2020, Presidential Proclamation 9983 reaffirmed the ban and additionally banned certain visa entries for citizens of Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania who were outside of the U.S., seeking to travel to the U.S., and did not already have a valid visa.

On January 20, 2021, President Joe Biden revoked Executive Order 13780 and its related proclamations in Presidential Proclamation 10141.[9]

  1. ^ America Braces For Trump's New Expanded Immigration Travel Ban Archived November 11, 2020, at the Wayback Machine Forbes
  2. ^ DePoy, Franczek Radelet PC-Patrick M.; Shah, Tejas (June 16, 2017). "Travel Ban 2.0: Current Status | Lexology". www.lexology.com. Archived from the original on April 9, 2023. Retrieved January 31, 2020.
  3. ^ Jarrett, Laura; Labott, Elise (June 30, 2017). "Travel ban in effect, court challenges begin". CNN. Archived from the original on June 30, 2023. Retrieved January 31, 2020.
  4. ^ Gonzales, Richard (March 15, 2017). "Trump Travel Ban Blocked Nationwide By Federal Judges In Hawaii, Maryland". NPR. Washington, D.C.: Corporation for Public Broadcasting. Archived from the original on April 18, 2023. Retrieved March 16, 2017.
  5. ^ Liptak, Adam (May 25, 2017). "Appeals Court Will Not Reinstate Trump's Revised Travel Ban". The New York Times. Archived from the original on July 21, 2018. Retrieved May 25, 2017.
  6. ^ de Vogue, Ariane (June 26, 2017). "Supreme Court allows parts of travel ban to go into effect". CNN. Archived from the original on April 8, 2023. Retrieved June 26, 2017.
  7. ^ "Proclamation 9645—Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats" (PDF). govinfo.gov. September 24, 2017. Archived (PDF) from the original on July 11, 2023. Retrieved January 21, 2021.
  8. ^ de Vogue, Ariane; Stracqualursi, Veronica (June 26, 2018). "Supreme Court upholds travel ban". CNN. Archived from the original on November 23, 2023. Retrieved June 26, 2018.
  9. ^ "Ending Discriminatory Bans on Entry to the United States". Federal Register. January 20, 2021. Archived from the original on July 20, 2023. Retrieved January 23, 2021.