1300 Pennsylvanfa Avenue NW
Washington . DC 20 229

U.S. Customs and
Border Protection

Memorandum For:

Directors, Field Operations

From:

Todd A. Hoffman
Executive Director
Admissibility and Passenger Programs
Office of Field Operations

Subject:

Guidance on Executive Order "Protecting the Nation from Foreign
Terrorist Entry into the United States"

(b) (6), (b) (7)(C)

Effective immediately, and pursuant to Executive Order entitled, "Protecting the Nation fl'om
Foreign Terrorist Ent1y into the United States" (January 27, 20 17), all entry into the Unjted
States for aliens who are nationals from Iran, Iraq, Libya, Somalia, Sudan. Syria and Yemen is
hereby suspended in accordance with Section 2 12(i) of the INA . This includes all nonimmigrant classifications, with the exception of those foreign nationals traveling on diplomatic
visas, NATO visas, C2 visas for travel to the United Nations, GI, G2, G-3, and G-4 visas. This
also includes all immigrant classes of admission, returning resident aliens refugees and asylees.
The Department to State has provided CBP with a letter provisionally revoking all immigrant
and non-immigrant visas for nationals of Iran, Iran, Libya, Somalia, Sudan, and Yemen.
Revocations may not yet be annotated in the system.

locations, and

Should aliens, subject to the Executive Order, arrive at the port of entry, CBP officers are
instructed to take the following actions :

Applicants bearing Non-Immigrant Visas and First Time Arriving immigrants:

(l).

rocessi11g will be recorded ii
•

system, according to current policy/procedure.
u
will be allowed to withdraw their application for admission on Form J-275 ,
without a sworn statement. A ll other procedures pertaining to the processing of Forn1 l275 withdrawal cases apply.
(3) Should the alien decline to withdraw \heir application for admission, the alien will be
placed in Expedited Removal in accordance with standard operating procedures.
(4) Aliens claiming fear of return will be referred to an asylum officer, and processed for
Exped ited Removal/Credible Fear (ERF). Aliens processed under ERF procedures will
(2)

EO FOIA CBP 0000000207

 be referred to ERO for detention. Field Offices should clearly indicate to both CIS and
ERO that aliens are subject to Executive Order during the referral process.
Returning Residents,
(1) Lawful Permanent Residents should be referred for (b ) (7 )(E )
and held at
the port of entry until an exemption to the Executive Order is granted. The authority to
grant an exemption has been delegated to the Commissioner ofCBP, and further
delegated to Directors
SES Port Directors. Once an exemption
has been granted results o f - s h o u l d be notated
the
following language: Individual is subject to Presidential Executive Order and barred
from entry pursuant to 212(/) ofthe INA but has been granted an exemption per (insert
DFOISES PD).
Refugees, Asylees, Unaccompanied Children, and subjects returning to the US with Advanced
Parole:
(1) Aliens from the above group who are pr
Executive Order, should be referred for
d held at the port of
entry until such time as an exemption to the Executive Order can be obtained. This
exemption falls to the Secretary of State and Secretary of Homeland Security. Further
guidance will be forthcoming on processing these exemptions.

Individuals who fall within any of the above may not be paroled, which includes port parole and
deferred inspection. To the extent that there is an emergent medical issue related to an alien who
falls within the Executive Order, CBP officers must accompany the alien for any medical care.
Returning aliens ineligible who withdraw their application for admission:
(1) Aliens arriving via air or sea: Commercial carriers are required to remove foreign aliens
found ineligible for entry under this order pursuant to 241(c)(l) of the INA.
(2) Aliens arriving via land will be returned per current established procedures with the
contiguous country.

Please ensure that this memorandum and attached muster are disseminated to all ports of entry
within our "urisdiction. If ou have any questions or. require additional information, ""ru_.e...
contact
A) Director, Enforcement Programs Division,

-

atl!l!""RM

EO FOIA CBP 0000000208