Executive Order 13769

Executive Order 13769
source
Executive order number	13769
Type	Executive order
Signed by	Donald Trump
Signed date	January 27, 2017
Federal register	82 FR 8977
Title	Protecting the Nation from Foreign Terrorist Entry into the United States
Status	Revoked

Executive Order 13769. It was issued by President Donald Trump on January 27, 2017, and titled "Protecting the Nation from Foreign Terrorist Entry into the United States." The order immediately suspended the U.S. Refugee Admissions Program for 120 days, barred entry from several Muslim-majority countries, and indefinitely halted Syrian refugee admissions. Commonly referred to as the "travel ban" or "Muslim ban," it sparked widespread legal challenges and protests, leading to a series of revised orders and landmark Supreme Court rulings.

Background and context

The order emerged from campaign promises made by then-candidate Donald Trump, who had called for a "total and complete shutdown of Muslims entering the United States" following terrorist attacks like the 2015 San Bernardino attack and the 2016 Nice truck attack. Upon taking office, his administration cited the September 11 attacks and the authority of the Immigration and Nationality Act of 1952 as justification for enhanced vetting. The policy was developed by advisors including Stephen Miller and formally reviewed by the Office of Legal Counsel. It represented a significant shift from the refugee policies of the preceding Obama administration, which had increased admissions, particularly for those fleeing the Syrian Civil War.

Provisions of the order

The order imposed a 90-day entry ban on nationals from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. It suspended the entire U.S. Refugee Admissions Program for 120 days and indefinitely barred the admission of Syrian refugees. It also capped total refugee admissions for FY 2017 at 50,000, a drastic reduction from the 110,000 ceiling set by the Obama administration. The order prioritized refugee claims made by individuals facing religious-based persecution, provided they were a minority religion in their country of nationality, a provision widely interpreted as favoring Christian refugees. It also called for the development of a uniform screening standard and the creation of a biometric entry-exit tracking system.

Legal challenges and court rulings

The order faced immediate legal challenges across the United States. Within days, federal judges, including James Robart of the United States District Court for the Western District of Washington, issued temporary restraining orders halting its core provisions. The United States Court of Appeals for the Ninth Circuit upheld these injunctions in *Washington v. Trump*, refusing to reinstate the ban. A revised order, Executive Order 13780, was issued in March 2017 to address legal concerns, but it too was blocked by lower courts. The litigation ultimately reached the Supreme Court of the United States, which allowed a third version, Presidential Proclamation 9645, to take full effect in December 2017 and upheld it in the landmark case *Trump v. Hawaii* in June 2018, ruling the president had broad authority over immigration under the Immigration and Nationality Act of 1952.

Domestic and international reactions

Domestically, the order triggered massive protests at major airports like JFK International Airport and LAX, organized by groups such as the American Civil Liberties Union and Council on American–Islamic Relations. Many state attorneys general, including those from Washington and Minnesota, filed lawsuits. Corporations including Apple, Google, and Microsoft criticized the order. Internationally, allies like German Chancellor Angela Merkel, Canadian Prime Minister Justin Trudeau, and UK Prime Minister Theresa May expressed criticism. The United Nations High Commissioner for Refugees and Amnesty International condemned the policy, while several of the affected countries, including Iran, issued reciprocal travel bans.

Subsequent related executive actions

In direct response to court rulings, the administration issued Executive Order 13780 on March 6, 2017, which removed Iraq from the list and exempted lawful permanent residents and valid visa holders. This was followed by Presidential Proclamation 9645 in September 2017, which established tailored restrictions on eight countries, adding Chad, North Korea, and Venezuela while removing Sudan. This proclamation formed the basis of the policy upheld in *Trump v. Hawaii*. Upon taking office, President Joe Biden revoked Executive Order 13769 and its successors on his first day with Proclamation 10141, titled "Ending Discriminatory Bans on Entry to the United States."

Category:Executive orders of Donald Trump Category:United States federal immigration and nationality legislation Category:2017 in American law