On Thursday, February 9th, a three-judge panel of the Ninth Circuit Court of Appeals ruled unanimously to keep in place the lower court’s injunction on President Trump’s executive order that would temporarily ban immigrants from seven predominantly Muslim countries and suspend the refugee program.

Therefore, until further action by a court, the order barring implementation of the travel and refugee ban remains in place, and all individuals may apply for visas and admission to the United States without regard to nationality.

The executive order will remain suspended until either the lower court holds another hearing or the U.S. Supreme Court decides to intervene. The federal government could seek Supreme Court intervention however 5 of the current 8 justices would need to vote to overturn the decision by the Ninth Circuit Court of Appeals.

On February 3, 2017, a District Court judge in Seattle issued a temporary injunction which halted the enforcement of the Jan. 27th executive order banning travel for persons from seven countries and suspending refugee processing. Over the past weekend, the Trump administration requested the 9th U.S. Circuit Court of Appeals to immediately lift the injunction. The injunction halted the travel ban on people from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen and restarted the U.S. Refugee Admissions Program, including allowing Syrian refugees to be resettled in the U.S.

The State Department, Department of Homeland Security, U.S. Citizenship and Immigration Services and Customs and Border Protection have issued respective statements announcing their compliance with the injunction.

The 9^th Circuit denied the administration’s request to lift the injunction and have scheduled a hearing for today, Tuesday, February 7, 2017 at 6pm Eastern Time. A decision is expected soon afterwards and the case will most likely be appealed to the U.S. Supreme Court, regardless of the outcome.

The injunction could be lifted and the travel ban put back in place at any moment. People who are affected are advised to book flights immediately. Currently, those with valid visas may travel to the U.S. They do not need to apply for a new visa unless their visas were canceled with a physical stamp or annotation.

Some airlines have confirmed that affected people traveling to the U.S. will be allowed to board flights. Travelers covered by the orders should confirm that the airline they choose will allow them to board before they book a flight. Travelers also should carry contact information for an attorney before boarding a flight. The travel ban could potentially be reinstated during a flight and people covered by the restrictions could be detained by Customs and Border Protection upon arrival.

According to the U.S. Department of State, the Executive Order does not restrict the travel of dual nationals, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa.

“Our Embassies and Consulates around the world will process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.

At this time, there are no changes to the Visa Waiver Program (VWP).  However, as before the Executive Order, dual nationals of Iraq, Iran, Syria, and Sudan are not eligible for the Visa Waiver Program and must have a visa for travel.  Such individuals may apply for a visa as needed at a U.S. Embassy or Consulate.  Dual nationals of Yemen, Libya, and Somalia and a VWP country may continue to travel under the VWP unless they have travelled to any of the seven countries on or after March 2011, in which case they must first apply for a U.S. visa.

The Executive Order does not restrict the travel of dual nationals from any country, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa, if required.

The U.S. Department of State has posted additional information on the affect of the Executive Order on the visa process for nonimmigrants and immigrants.

The U.S. Customs and Border Protection has posted a Frequently Asked Questions (FAQ) page on their website with further information and developments regarding entry to the U.S. under the Executive Order.