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| Trump travel ban: Five questions about the new executive order | Trump travel ban: Five questions about the new executive order |
| (6 days later) | |
| President Donald Trump has unveiled an updated executive order, reviving his bid to ban refugees and immigrants from several mostly Muslim countries from entering the US. | President Donald Trump has unveiled an updated executive order, reviving his bid to ban refugees and immigrants from several mostly Muslim countries from entering the US. |
| His previous order, which sparked mass protests and confusion at airports, was halted by the courts. | |
| The new, updated one has also been challenged - seven states have joined an effort to block it. | |
| But how is the new order different - and what is still not clear? | But how is the new order different - and what is still not clear? |
| Who will be affected? | Who will be affected? |
| The original order barred people from seven majority-Muslim countries - Iran, Iraq, Syria, Yemen, Somalia, Sudan and Libya - from entering the US for 90 days. It also halted refugee resettlement for 120 days and banned Syrian refugees indefinitely. | The original order barred people from seven majority-Muslim countries - Iran, Iraq, Syria, Yemen, Somalia, Sudan and Libya - from entering the US for 90 days. It also halted refugee resettlement for 120 days and banned Syrian refugees indefinitely. |
| However, many questions remained about the detail of the ban. How would it affect people from the seven countries who were also permanent legal US residents? And what about people who already had US visas or dual nationality? | However, many questions remained about the detail of the ban. How would it affect people from the seven countries who were also permanent legal US residents? And what about people who already had US visas or dual nationality? |
| More on Trump's travel ban | More on Trump's travel ban |
| The head of Homeland Security, Mr Kelly, said the new version of the travel order would not prevent foreign nationals with either work visas or Green Card permanent residency permits from re-entering the United States. Nor would it affect foreign travellers already flying to the US when the order takes effect, he added. | The head of Homeland Security, Mr Kelly, said the new version of the travel order would not prevent foreign nationals with either work visas or Green Card permanent residency permits from re-entering the United States. Nor would it affect foreign travellers already flying to the US when the order takes effect, he added. |
| It will also no longer include Iraq, after it agreed to "increase cooperation" with the US government, according to a fact sheet which was circulating ahead of the announcement. | It will also no longer include Iraq, after it agreed to "increase cooperation" with the US government, according to a fact sheet which was circulating ahead of the announcement. |
| Attorney General Jeff Sessions said of the six countries remaining, three were state sponsors of terrorism and the other three had lost control, increasing the risk of a terrorist emerging from their territory. They will still be banned for 90 days. | Attorney General Jeff Sessions said of the six countries remaining, three were state sponsors of terrorism and the other three had lost control, increasing the risk of a terrorist emerging from their territory. They will still be banned for 90 days. |
| The refugee programme will be suspended for 120 days, with only those who are already formally approved and scheduled allowed to enter. The fact sheet also suggests the number of refugees for the year until October will be capped at 50,000, some 35,000 shy of the previous 12 months. | The refugee programme will be suspended for 120 days, with only those who are already formally approved and scheduled allowed to enter. The fact sheet also suggests the number of refugees for the year until October will be capped at 50,000, some 35,000 shy of the previous 12 months. |
| But the order no longer demands that border authorities single out and reject Syrian refugees when processing new visa applications. | But the order no longer demands that border authorities single out and reject Syrian refugees when processing new visa applications. |
| How will it be implemented? | How will it be implemented? |
| The original order triggered a lot confusion and uncertainty. Scores of people were detained at airports or in transit, with many more stranded or forced to return to where they came from. | The original order triggered a lot confusion and uncertainty. Scores of people were detained at airports or in transit, with many more stranded or forced to return to where they came from. |
| US government officials complained that the roll-out had been chaotic, and there was a lack of guidance before the policy was announced on 27 January. | US government officials complained that the roll-out had been chaotic, and there was a lack of guidance before the policy was announced on 27 January. |
| The new order will only come into effect on 16 March, allowing officials time to put structures in place. | The new order will only come into effect on 16 March, allowing officials time to put structures in place. |
| It will also honour valid visas from the six countries during the 90-day ban. | It will also honour valid visas from the six countries during the 90-day ban. |
| Mr Kelly said this time around, his department would ensure that "there's no-one... caught in the system of moving from overseas to our airports, which happened on the first release". | Mr Kelly said this time around, his department would ensure that "there's no-one... caught in the system of moving from overseas to our airports, which happened on the first release". |
| He said there would be a "short phase-in period" and immigration officials would "make sure that people on the other end don't get on airplanes". | He said there would be a "short phase-in period" and immigration officials would "make sure that people on the other end don't get on airplanes". |
| The impact on US embassies as well as airports and border crossings will be closely watched. | The impact on US embassies as well as airports and border crossings will be closely watched. |
| Will it answer legal questions? | Will it answer legal questions? |
| The president's spokesman says it will. Sean Spicer told reporters last month that the second order would be "tailored to achieve the same goals" as the first "but in accordance with what the [appeals] court said". | The president's spokesman says it will. Sean Spicer told reporters last month that the second order would be "tailored to achieve the same goals" as the first "but in accordance with what the [appeals] court said". |
| One of the concerns that the judges in San Francisco cited when they refused to reinstate the original ban was the way it was rolled out. They said the justice department had failed to show that the executive order gave enough "notice and a hearing prior to restricting an individual's ability to travel". | One of the concerns that the judges in San Francisco cited when they refused to reinstate the original ban was the way it was rolled out. They said the justice department had failed to show that the executive order gave enough "notice and a hearing prior to restricting an individual's ability to travel". |
| Legal experts will ask whether the Trump administration can prove that the order is needed to keep the country safe. | |
| In its ruling, the appeals court judges found "no evidence that any alien from any of the countries named in the order" had committed a terrorist attack in the US. | |
| Meanwhile, the exclusion of Syrians in January's order was also problematic. The Immigration and Nationality Act says no person can be "discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth or place of residence". | Meanwhile, the exclusion of Syrians in January's order was also problematic. The Immigration and Nationality Act says no person can be "discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth or place of residence". |
| Several states have challenged the new order. | |
| Oregon - said the order hurts residents, employers, universities health care system and economy | |
| Washington - it has "same illegal motivations as the original" and harms residents, although fewer than the first ban | |
| Minnesota - questioned the legality of the move, suggesting the Trump administration can't override the initial ban with a fresh executive order | |
| New York - "a Muslim ban by another name", said the attorney general | |
| Massachusetts - new ban "remains a discriminatory and unconstitutional attempt to make good on his campaign promise to implement a Muslim ban" | |
| Hawaii - argued it would harm its Muslim population, tourism and foreign students | |
| California - says order is an attack on people based on their religion or national origin | |
| Will it be a Muslim ban? | Will it be a Muslim ban? |
| The fact that the countries included in the original ban are all majority Muslim lends weight to the critics's argument that the order is "anti-Muslim". | The fact that the countries included in the original ban are all majority Muslim lends weight to the critics's argument that the order is "anti-Muslim". |
| On 14 February, a US district judge in Virginia ruled the the ban was unconstitutional because it had religious bias at its heart. | On 14 February, a US district judge in Virginia ruled the the ban was unconstitutional because it had religious bias at its heart. |
| In a bid to address religious discrimination issues, the new order removes a particular section that said refugees' claims should be prioritised "on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality". | In a bid to address religious discrimination issues, the new order removes a particular section that said refugees' claims should be prioritised "on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality". |
| Mr Trump previously said priority should be given to persecuted Christians. | Mr Trump previously said priority should be given to persecuted Christians. |
| Will opponents continue to fight it? | Will opponents continue to fight it? |
| President Trump's hardline policies on immigration have sparked protests and several lawsuits around the country. | President Trump's hardline policies on immigration have sparked protests and several lawsuits around the country. |
| After the appeals court refused to reinstate his ban, Mr Trump tweeted: "Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!" | After the appeals court refused to reinstate his ban, Mr Trump tweeted: "Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!" |
| White House spokesman Sean Spicer has said that Mr Trump was still confident his initial order would prevail. | White House spokesman Sean Spicer has said that Mr Trump was still confident his initial order would prevail. |
| But until that time, "we will have a dual track system and make sure we implement a second executive order", he said. | But until that time, "we will have a dual track system and make sure we implement a second executive order", he said. |
| The idea of a second order does not seem to have quelled opposition. Fresh demonstrations are being organised and civil rights groups have said they will continue to challenge the president in the courts. | The idea of a second order does not seem to have quelled opposition. Fresh demonstrations are being organised and civil rights groups have said they will continue to challenge the president in the courts. |
| It is likely the Trump administration will now be asked to justify two orders instead of one. | It is likely the Trump administration will now be asked to justify two orders instead of one. |