Effective Date in Executive Order 13780, 27965-27966 [2017-12901]

Agencies

• Executive Office of the President

[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Presidential Documents]
[Pages 27965-27966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12901]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 116 / Monday, June 19, 2017 / 
Presidential Documents

[[Page 27965]]


                Memorandum of June 14, 2017

                
Effective Date in Executive Order 13780

                Memorandum for the Secretary of State[,] the Attorney 
                General[,] the Secretary of Homeland Security[, and] 
                the Director of National Intelligence

                This memorandum provides guidance for the Secretary of 
                State, the Attorney General, the Secretary of Homeland 
                Security, and the Director of National Intelligence in 
                light of two preliminary injunctions that bar 
                enforcement of certain provisions of Executive Order 
                13780, ``Protecting the Nation from Foreign Terrorist 
                Entry into the United States'' (Mar. 6, 2017). The 
                preliminary injunction entered by the United States 
                District Court for the District of Maryland, and 
                affirmed in substantial part by the United States Court 
                of Appeals for the Fourth Circuit, bars enforcement of 
                section 2(c) of the Executive Order. The portions of 
                the preliminary injunction entered by the United States 
                District Court for the District of Hawaii that were 
                affirmed by the recent decision of the United States 
                Court of Appeals for the Ninth Circuit bar enforcement 
                of certain provisions of sections 2 and 6 of the 
                Executive Order.

                Various provisions of sections 2 and 6 of the Executive 
                Order (as well as sections 3 and 12(c), which delineate 
                the scope of the suspension contained in section 2(c)), 
                refer to the Order's effective date. Section 14 of the 
                Executive Order provides that the Order was effective 
                at 12:01 a.m., eastern daylight time on March 16, 2017. 
                Sections 2 and 6, however, were enjoined before that 
                effective date, and the courts of appeals have affirmed 
                the injunctions with respect to certain provisions of 
                sections 2 and 6. As a result, under the terms of the 
                Executive Order, the effective date of the enjoined 
                provisions (as well as related provisions of sections 3 
                and 12(c)) is delayed or tolled until those injunctions 
                are lifted or stayed.

                In light of questions in litigation about the effective 
                date of the enjoined provisions and in the interest of 
                clarity, I hereby declare the effective date of each 
                enjoined provision to be the date and time at which the 
                referenced injunctions are lifted or stayed with 
                respect to that provision. To the extent it is 
                necessary, this memorandum should be construed to amend 
                the Executive Order.

                Because the injunctions have delayed the effective date 
                of section 12(c), no immigrant or nonimmigrant visa 
                issued before the effective date of section 2(c) shall 
                be revoked pursuant to the Executive Order.

[[Page 27966]]

                I hereby direct the Secretary of State, the Attorney 
                General, the Secretary of Homeland Security, and the 
                Director of National Intelligence to jointly begin 
                implementation of each relevant provision of sections 2 
                and 6 of the Executive Order 72 hours after all 
                applicable injunctions are lifted or stayed with 
                respect to that provision, to ensure an orderly and 
                proper implementation of those provisions. Prior to 
                that time, consular officers may issue valid visas to, 
                and the Secretary of Homeland Security may admit, 
                otherwise eligible aliens without regard to sections 2 
                and 6. If not otherwise revoked, visas and other travel 
                documents issued during this period remain valid for 
                travel as if they were issued prior to the effective 
                date.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, June 14, 2017

[FR Doc. 2017-12901
Filed 6-16-17; 11:15 am]
Billing code 3295-F7-P