In section 14 of the EO, it had stated that the EO would become effective March 16, 2017. However, the injunctions were issued prior to the EO going into effect. The court cases have progressed to a point where they are now going to be appealed to the supreme court with a final ruling by that body. This memo clarifies that once the cases with respect to the EO are lifted or stayed, the EO sections under dispute become effective 72 hours thereafter.
My Commentary
So, in the meanwhile, part of the reason that was given for needing to have a temporary ban on entry of certain foreign nationals was to examine the vetting system used to determine the identity and security risk associated with individuals from certain foreign nations. EO 13780 was the second so-called "Muslim ban" (the first being EO 13769) that was written and this was about 90 days ago.Section 2(b) of EO called for a report on what countries can provide adequate information for vetting to be written within 20 days of the EO. Further, in section 2(d), it directed that requests be made for the required information with those countries within 50 days of the issue of the 2(b) report.
Section 5 is entitled "implementing Uniform screening and vetting standards for all immigration programs." This section had never been, as far as I know, affected by the court orders. One would think that the Department of Homeland Security would by now have made progress in coming up with something here. So, if they have, then the point of the suspensions of entry is largely moot. However, I believe the court cases will proceed to finally determine if there is a basis to issue a blanket ban on individuals from a specific nation since most likely the work stemming from section 5 of the EO will recommend such a blanket ban on specific foreign nationals.
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